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A MANUAL 



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TEE %AW8 OF JWUTB-CJiBOLlXJi, 

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A1RANGED UNDER DISTINCT HEADS, IN ALPHABE- 

. TICAL ORDER, 



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I nr jpa,v haywood, esq. 

•Hath on 01 thb /itbob» of mnmtti moats «i ha w AD MWXtt 



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Fowik Edition, improved and corrected to the present timet 

MX A GENTLEMAN OF THE PHpFE$8I9F. 



• • • 



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RALEIGH : 

PMJtTED BT J. GALES. 

MMB MAT M HAJfr O* TKS FMHTEE8 AMD BOOStELLSEO £9 4L& fftf 

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UNITED STATES OF AMERICA, 

+ £>ht*ict of North- Carolina, to wit : 

, Circuit (^ovbt Clxrk's Office, 

Be it remembered That on the Seventeenth day ; of November, in the 
Forty-third Year of the Independence of the United States of A Ulrica, 
A. li. 18l#, Joseph Gales, of the said District, hath deposited in this 
office the title of a Book, the right whereof he claims as Proprietor, 
and also the right to the order and arrangement of the Work, to wit: 

** A Manual of the Laws of North-Carolina, arrange*! under distinct 
heads, in alphabetical order. With references from one head to ano* 
ther, when a subject is mentioned in any other part of the book than un- 
der the distinct head to which it belongs. By John Haywood, Esq. late 
one of the Judges of the Supreme Courts of law and equity. Fourth 
edition, improved and cdrrecte&to the present jime by a Gentleman of 
the Profession." " 

In conformity to the AcC of Congress of the United States, entitled *• A» 
Act for the encouragement of Learning by securing the copies of Maps, 
Charts and Books to the authors and proprietors of such copies durirfg 
the times therein mentioned.'* And also to the Act entitled, •* An Act 
supplementary to an act entitled an act for the encouragement of Learn* 
ing by securing the copies of Maps, Charts and Books to the authors 
and proprietors of such copies during the times therein mentioned, antf 
extending the benefit thereof. to the Arts of Designing, |En graving and 
Etching, i"J J $tnrical and other Prints*" a 

la testimony whereof, I, William H. Haywood, Clerk of the Cir- 
cuit Court iu and for the district aforesaid, have caused the same 
to be %i^nyd. w/th my name, a*id the .seal o£pffrc£ to.be feerato-af* 
toed, nHctiyW^tc-Krst above wrfUfC : \ ;/• /.-. ; .• , 
WJNt. H: ilAYWOOD* Clert: ' 



, 220885 

V 



1 

\ 



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1 



\ ADVERTISEMENT. 



The favourable reception which this Work has met with, 
ad the present scarcity of the book in market, encourage the 
Proprietor to offer to the public another Edition. 

Already have three Editions been sold out, And the demand 
seems not to abate. The form of the Work has been tested 
bf experience and found to be convenient both tQ the Profes- 
sion and to others— Indeed, the facilities afforded by an alpha- 
betical arrangement, to all who have occasion to consult many 
Acts on the same subject, are now manifest ; and the Acts of 
Assembly passed since the last publication are so numerous 
cod important, effecting, of course, such a change in the body 
of the Laws aftd rendera New Manual highly necessary. 

This Edition is greatly improved by margins^ notes, and by 
fbe correction of errors and omissions detected in the former 
Work ; and comprises the Acta of Assembly down to 18 IT, 
nctusive* * 

JRakigh) Nov ember j 1818. 



i 



) 



INDEX TO THE MINUAt, 



*• 



of Sales 
scants settled 
A*je*Ajtembly ' • 

AtJjaajament 

Ad* nutratoT and Executor 

AjosffltS *• • 

Ifiersac* - 



Aftoti uid Errors 



Am Accounts 



iirot 

Am* of Judgment 



Asms 



Attorney 



*i) 



I 



Ink 
Wtudy 

KMtfRxception 
fcikofEicbaogs 
KBoftsJ* • 

fats, Canoes, &c 

»sia . 

Book Debt* 
fe«»daries of Lands 



&*a*reed 

^le, Hones and Hogs 

J*«eways . - - 

***cates . - 

8sr " .: 

|^ of the Assembly 

J**« of tlie Council 

25 md Muter in Equity 

**fcof fiiperior fc Cdtaty Court 



Page. 
1 
3 
4 

^ * 5 
>5 

ib 
6 
18 
19 
t6 
20 
25 

; sr 

29 
31 
ib. 
ib* 
ib 
ib 
is. 
ib. 
38 
41 
••• ib. 
42 
45 
46 
75 
ib. 
76 
ib. 
77 
ib 

.7* 
79 

' 81 
83 
ib. 

84 
85 
ib 

04 

ib. 
101 

tf. 

tft. 
103 
104 

ib.. 

ib.l 



. * ***** 

Glerk of the Treasury - 11$ 

Clerk of the Supreme Court ib. 

Clerk of the Court of Patents tb. 

Clerks of the General Assembly ib, 

' Collectors of Arrears - ib. 

Comm issioner of A ffidavits 115 

Commissions tb m 

Commissions to take Plea, &c. 1 15 

C mrr.itment ' • - ib. 

Comptroller - . ib. 

Court of Conference • 120 

Confiscation - • 122 

Constables - - 133 

Constitution of North Carolina 13$ 

do of the United States - 143 

Contingent Fund • 152 

Continuance i$ m 

Conveyances of Lands and Chattels ib. 



Coopers 

Coronets • • 

Corporations « 

Costs 

Council of 8tate 

Counterfeiting • '• 

County Courts 

County Trustee 

County Wardens 

Court-Houses • 

Court of Patents 

Creditors • 

Criminals 

Currency of the United States 

Cursing and Swearing 

Debtors ' • . 

Declaration 

Deeds - 

Demurrer • • * 

Depositions . . 

Depreciation * f - 

Deputies « * ■" . 

Descents - 

Devises " „«- '* 

Disaffected * 

Disclaimer,' - 

Discontinuance 

Divorce and yilimonv 

DoorkceimrVof the Assembly 

do of the Council 
Dower • . 

Draining of low lands 
Drunkenness 



ib. 

ib. 
15$ 

ib. 

ib. 

as. 
156 
161 
163 

ft. 
is. 
ib. 

**. 

164 
ib. 
ib. 

165 
ib. 

.168 

ib. 

169 

170 

% ib. 

in 

ib. 

ib. 

174 

ib. 

178 
ib. 
ib. 
ib. 
ib. 



s 



* 

punning 

Due-ttills 

Elections - ' • 

Embezzlement 

Emoluments • 

Entails 

Entries - * - 

Entry-takers and Surveyors 

Equity 

Errors 

Escape - • 

Escheat - - 

Estates-Tail 

Evidence 

Executions 

Executors - • 

Extinguishment 

Fairs • 

Fayetteville 

Fees 

Feme Covert 

Fences • • 

Ferries 

Fines " * • 

Firewood - • 

Firing 1 the Woods • 

Fish 

Foreigners 

Forfeitures 

Forgery 

Fornication " 



INDEX. 



fag*' 

178 

ib. 
181 
182 

ib. 

ib. 

ib. 
203 
208 
214 

ib. 

217 

ib. 

ib 

ib. 

220 

ti>. 

ib 

221 

ib. 

233 

236 

238 

241 



Frauds & Fraudulent Conveyances ib. 

Freehold •- • - 248 

Freemen - ' • . ib. 

Free Negroes, Mulattoes, &c. 249 

Fugitives - - " ib. 

Funds - ' - ib 

Gaming * - • 250 

Gaols • - 253 

Garnishee - ib. 

General Assembly • ib. 

Gifts ' - - ib. 

^Governor • - 253 

Grants . - 257 

Guardian & Ward • 260 

Htr»afc*Law • 26/ 

Health ^ - ib. 

\ i ides. Skins nn&Furs - 268 

Hirrogs - f - 269 

JHo^« - ib, 

llonours • ib, 

J forse-racing • , i ib. 

Horse-stealing • > 270 _ 

jiospii&l-money • ib. 

House-breakers - 4 ib. 

Hunting - . - • • \ 271 
Jailors - . -.273 

I « loots and Lunatics - , ib. 

leotYils - - • . 275 



Illegitimate Children 
impeachment • 

Imprisonment • 

ndians • • 

I dictments • 

Injunctions '• 

Inquiry - 

Insolvent Debtors 
Insolvent Taxables 
Inspections tfnd inspectors 
Inspectors of Tobtfcco 
Insurrections ' - 
Insurance * 

Interest - * 
Intestate's Estate - 

Inventories 
Jomtenancy 

Joint and several Contracts; 
Journals - 

Iron-Works 
Is.su es in Equity \ 
Judges - 

Judgment Bonds 
Judicial Attachment 



?*2 



s 



ib.  Judgment by default 
24" Jury. 
tb. J ust ices of the Peace 

243 Landings 
ib. Lands 

244 L w of the Land 
id. Laws * 

Law Books - 

Legacies - 

Legislature ;'. '• 

Libels '" • 

Liberties * • 

Limitations' 

Low Lands 

Lunatics 

Mad Dogs • 

Maiming 

Majority 



vtarine Insurance Company 
Marriages ' ~ '- 

Marriage Contracts 
Meeting of the Judges 
M embers of Assembly 
M em bers of Congress 
Militia - • 

Military Land Warrants 
Miils ' 
Money " • - 

Monopolies - ' - 

Mortgages - - 

Mulattoes • 4 

Names 

Ne Exeat \ - 
tfon Pros 
Notar;cs 



3 

2 

21 

2 

3 



3 

s: 



31 

1 

31 

•t 

i 

1 



ii 

* 

y 
ii 
a 

3J 
i1 

1 

11 

36 
36 

£ 

373 
ib 

* 
381 

is 

ib 



-w 



index: 



M^Bonds and Orders 
Ifet to Public Debtors 
(Mi mi Affirmations 
Ofcm 
Qfcn 



Ovenetn 

Otmccn of Roads ^ 
Oatbvrt - y 

to xi [Terminer y 
ftpers destroyed 
i ftidoi ud Oblivion 

ihtnis 

I tea* Uts and 

nrpetQilies • 

i ratm 
*«i'ttsto the Assembly 

Ate 

fa ad Pleading 
team 



N 



i«wrs «f Attorney - 

J"wticc • « 

,«tacQtnc&tb . • 

jMdartfc Vice President df U 



;to*»crs. Prisons and Stocks 
: Jjwte Seeretaiy * 

!**toe of Wills 

l**«snonm 
5*nisjorj Notes 

^■ftrrein Continuance 

™rf»«t 

Janata* 
wager 

**«rd 

«e»«fwe 
{J2»«ndCreeks ' - 

&ibrT 



Page. 
388 
389 
390 
398 
399 
400 
403 
404 
405 
408 

ib. 
409 

ib. 

ib. 
411 

ib. 

412 

413 

* 415 

i& 

418 

427 

s*. 

*A' 

ib. 
434 
435 
441 
S. ib. 
446 

ib. 
448 
455 

ib. 

ib. 

ib. 
461 
464 

ib. • 

ib. 

ib. 

ib. 
465 

ib 
469 

ib 

473 

ib 

&674 

480 

483 

ib 

484 

4S7 

491 

496 

ib. 



Sales and Auctions 
Scrre Facias 
Seals 

Seamen - • 

Seat of Government 
S ecretary of Stat e • 

Securities 

Servants • • 

Set-off 
Settlement 
Sheriffs • 

Slander 

Slaves, Free Negroes, fro. 
Soldiers 

Sol, ci tor-General, 
Solicitors 

Speakers of the Assembly 
Specific Articles 
Standard Keepers 
Male Docket 
State Prosecutions 
Stealing - • - 

Stills 
Stocks 
Strays 
Subornation 
Suhpoafa - 

Subpoena educes Tecum 
Suicide 

Sunday s - • 

Superior Counts 
Supreme Court 
Surveyor 
Sureties 
Swearing 
Tases 

Taxes for County Uses 
Tavern Licence 
Tender 
Time 

Tobacco - • 

Toll-Bridges 

Tories . . « 

Towns 

Treasurer - C 

Treasurer of Public buildings 
Treasury Notes ,' 
■Treaties 

Trespass * '- 
Trust Estate, 
Trustee /• ' - 

United Staws 
University 
Usury m* 

Vagrant^ • - 

Verdict* 

Vice atid Immorality 



View 



< 



Vouchers cancel! ed 



▼it 

P&ge. 
49* 

ib. 
499 
5U0 
502 

ib. 
505 

ib. 
511 

ib. 
5!2 
517 
518 
548 
55J 
551 

ib. 

ib. 

ib. 
552 

ib. 
•55.5 
534 

ib. 

ib. 
559 
560 

ib. 

ib. 

ib. 

ib. 
583 
515/ 

ib. 

58.* 

ib. 

C2L 

624 

625 

ib. 

62ti 

lb. 

" -ib. 

634, 

jb. 
ib. 
ib. 
sb. 

ib. 
ib. 

6>7 

< I 

6m 5 
ah. 



j> - •* 



▼Ill* 



uttinx. 



"a 



Wardtns of the Poor 

Warrants 

Ways 

Weights and Measures . 

Widows 

Widows of Wounded Soldiers 

Will* 



^ 



Pa*e. 




648 


Witnesser 


ib. 


Women 


ib. 


Woods 


650 


Wreck u 


652 


Writ of Error 


657 


Writ 


658 


i 



i 




y 






f 




J tirkJLoutS* S70- fay: /2tf. /3f - 



i 

I 



* 

• •» • 

• • • 

* • 






Manual 



• • • 






tiWS OF NORTH-CABbiift A* . " 






Abatement. 

• « 
1777. Chat. 2. < V # ! ; . 

Sict. 81. NO plea in abatement shall be received * \ • • 
[say action or suit in the county courts, unless the truth TrntB tf 

I be sufficiently shown to the court, by affidavit or JbJtement 

ise ; *nd in all actions where the declaration shall to b« sub- 
set forth matter of, substance for the court to pro- Parted b X, 

upon the merits of. the case, the suit shall not abate jj£^££ 
vast of fonh in the proceedings ; and -where any plea 
be pleaded in any /action, arid upon Argument thereof 
woe shall be .adjudged insufficient to abate such ac- 

tbe plaintiff shall, recover against the defendant full Costs; 

to the time of overruling such plea, including the 

of court* - ~ 

1785. C. $...,..• ., 

$2. No appeal, in any cause or court whatso- Death] 
•hall be abated by the death of either plaintiff or not t0 ** 
foot; but may be proceeded on by application of p^— 
^ts, executors, administrators, or assign^ of either 

1786. C. 14. 

[*"> $ t. Iq future, it shall and may be lawful for the 
• e *ecutors t administrators, or guardian£,.fo carry on i^$n 
P »uit or action in courts, after the death of cither not to a- 
toff or defendant, and may be. proceeded on by.appli- bat **ny 
°* 1D the same manner as appeals are carriccL on un- slut * 

1798. C.2& 

y t. No suit now depending,* or which way 
ft be brought in any court of law or equity, shall Nofnur- 
r* * account of the plaintiff's marriage ; and it Shall **£*• 
l*J" for the husband of any woman having a snit 
^ ,n gito make- himself a party thereto, on motion 
text or succeeding term after his marriage, and the . 

A 



2 . •".. ABAf EMETri 1 . 

suit shall afteHrerda be carriedt on as if he and His i 
had been origifrafty plaintiffs* 

V. $ 2. .oRUien application is made by any pet 

who has iji^rHed a feme sole plaintiff, to be plaintii 

the prosedqtjoo of any suit brought by his wife bel 

Clerk to *narriagfc,^it shall be the duty of the clerk of the « 

take bond, court xo take bond and securities for the payment of 

fr°"" th ? cods, in like manner and form as is usual in other cas 

apd m case of failing to prosecute with effect, the a 

fcusband and his securities shall be held and deemed 

.*. bie for the payment of costs, in the same manner as ot 

-plaintiffs who have failed to prosecute, and shall be s 

v • ject to the same writs of execution ; and upon said be 

.•/''/ being executed, the security originally given for pro 

.,*• *• cution of the suit, shall be discharged from any liabi] 

thereon* 

179*. C.18. 

«]ect. VI. $ 1. No action of ejectment *o*/ pending, 

jnetit hot which may be hereafter pending, shall abate by the da 

abating by f aDV defendant or defendants in said action ; but I 

defendant. 8ame ^ay be revived, by serving on the heirs at law 

devisees of said defendant, or the guardian or guardia 

Within two terms after hi* decease, a copy of the dedal 

tion filed in said action, together with a notice to t 

heirs or devisees, or their guardian or guardians, if th 

f>e minors, to appear and defend said suit; and after so 

service, the suit shall stand revived, and shall be pi 

ceeded pn in the same manner as if the defendant or 4 

fendants were living. 

VII. $2. Whenever any of the fceirs at law or d 
visees of any such defendant to whom the land in dj 
pute shall descend or be devised, shall be minors, wit 

Guardians out guardians, the court wherein the said suit is pendia 
tobeap. shall be authorized and empowered, upon application, 
Jbrmiaofs-'PP *"* a 8 ua *dian or guardiatis to defend such suit, 
behalf of sueh minor or minors, who shall be next of k 
to hinr or them, or such other person Or persons as d 
court shall approve. 

VIII. $ 3. When any of the heirs oi 4 devisees, < 
ffh e ' lrtot their or either of their guardians, shall reside out of tl 

devisees state,- the sheriff of the county to whom the cfeclaratio 
rtsulea- and notice shall issue, shall, upon making his return, stal 
k™ a 10 n £ e the fact, and an alias declaration and notice shall isstn 
advertised and an advertisement of such notice shall be made i 
some public gazette of this state, and such as the con) 
aball prescribe, for the space of three months ; stod if tS 






• 



si/r~- 6cfof-J3 



/ 



7 ^7- ^- ^ J^w- ; ty° 



ACCESSORIES. 3 

return shall be made, and after such advertisement 
vresaid, the suit may be prosecuted in the same 
;r, and to the same effect, as if si^ch declaration and 
had been served. 
IX. § 4. Whenever any plaintiff or defendant in 
W sait shall die, and thetfe shall be any contest for the continued 
ItDinistration on the estate of the deceased, or for the till contest 
of any last will and testament of such deceased abou t pro- 
nrscm, such suit shall be continued from term to term J^^!; " 
ilsaid contest is determined, and until after the expi-tionbedc- 
of one term after such determination^ when the termmed. 
sine may be abated by plea* 

X* $ 5. No action of detinue or trover, or action of Trover 
is, where property, either real or personal, is inj^totbate 
itrst, and such action of trespass is i)ot merely vindic- by death, 
ive ; shall, in any cause or court, abate or be disconti* 
:d by the death of either party, plaintiff or defendant m K 
the same may and shall be revived in the manner pre-i * 
:d for the revival of other cases* 

1805. C. 8. 

XL $ 1« From and after the passing of this act, no. 

:tion of trespass vi et armis^ ojr trespass on the case, inr . 

ituted, or which shall hereafter be instituted in any of 

courts of this State, tq recover damages done to pro- 

[Jtrty, either real or personal, shall abate by the death of c J^^j!**' 

r plaintiff or defendant ; but the same may be revived t i ns shall 

[in behalf of, or against the representatives of any deceas- not abate^ 

plaintiff o? defendant, under the rules and regulations 

rescribedfor the revival and continuance of other actions. 

See Amendment, 1. Attachment, 2, 6. Discontinuance, 3. Practice 2> 
[1^11,23. Process 3, 8^ 12. Superior Courts, 2, Taxes, \ 9. 

ACCESSORIES, 

1797. C. 19. 
I. $ 1« From and after the passing.of this act, it shall. . Accesso- 

ted may be lawful to prosecute and punish any accessory p l l;ni8 j,eoV 
to felony, as for a misdemeanor ; to be punished by a fine as for mis- 
ftot exceeding fifty pounds, and corporeal punishment not demeanor^ 
exceeding thirty-nine lashes, or standing in the pillory not 
exceeding two hours, although the principal felon be not * 
convicted of said felony, which shall exempt the offender 
from being punished as accessory, if the principal shall be 
a&nrards convicted. 

IL $ 2. If any person shall receive or buy any proper- _ 
ty that shall be feloniously stolen or taken from any other ing stolen 
^ttqa, knowing the sain^ tq be stolen^ or shall harhoucproperty., 



4 ACCIDBVT9. 

or harbor qr conceal any such felon, knowing him, he* or then 

in& or con- fa bo ^ such person or persons shall be taken, and recei 1 

fetonTc/be ** acce 93ories to said felony, and may be prosecuted as 

prosecuted a misdemeanor and punished as set forth in the preced 

as for a clause, although the principal felon be not before convk 

W)8demea- f aa jj f c i on y . w |jich shall operate as a bar, and pren 

. t  * the offender from being punished as accessory, if s 

principal felon shall be afterwards taken and convict* 

Provided always, that nothing in this act shall be so o 

atrued as to prevent accessories to felony from being f 

StQUted and punished as heretofore directed by law. 

ACCIDENTS. 

1787. C. 18 

I, M. Whereas, in the course of the late war, ma 
papers a e . accident* have : happened, by fire or otherwise, whereby I 
ttrojed. books of accounts, bonds and other writings and J 
pers of persons deceased, have been destroyed, and t 
proofs of many debts, dues and demands due and owi 
to the said deceased persons, have been thereby render 
impossible ; and by means of the said accidents no rrc 
very ol the said debts, dues and demands can be had 
^he ordinary course of law, and many orphans likely to 
greatly injured. 

til. § »2» Be it enacted* ££c. That in all such cas 
where the papers of any deceased person have been or ski 
hereafter be so destroyed by accident, due . proof there 
t>eing made (a the court of the county, and entered c 
record by the directions of the court, it shall and may I 
Jawful for the executors and administrators of such pc 
son to prefer a petition for the recovery of any debt or <fc 
Kerocny manc i d ue an d owing from any person whatsoever, to A 
> pe u*on court Q f ^ countv where the debtor resides, in the mai 
ner and under the regulations prescribed by the act, 176! 
c. .5. $ 23; therein setting forth the said debt and tt 
amount thereof, as nearly as may be, and the approi 
ed origin thereof ; and such petition being filed in th 
clerk's office, the* same proceedings shall be had thereit 
Bnd the defendant shall be bound and subject to the sam< 
Tules as in the 23d section of the said act and the lai 
clause thereof is directed, as fully to all intents as if* 
^aid clause and every sentence ^hereof were herein part* 
« cularly set down and expressed. 
T * «*• . III. $ 3. This act shall .in no c*se be allowed « 

«!T*?™i «r take place but onlv where papers have been accidental^ 
to casts or i - m i r ,j 

accidents, destroyed ; npt where it shall appear to the court on t» 



'4**- CV_ J~&*«k- C3/~ A*.&t- if- ^Zop* 



I 



ADJOURNMENT. 



was used any kind of fraud to obtain the benefit of 
act, jn which last case the suit shall be dismissed with 



ACCOUNT OF S\LKS. 
I set Administrator & Executor 3,'7. Guardian 8, 13, 16, 18. Willi, 



ACCOUNTS SKTTLET). 
See Administrator and Executor 8» 



ACTS OP ASSEMBLY. 

1799. C. 13. 

!« $ 1. From and after the passing of this act, all acts Arts of 
the General Assembly of this suite shall be' in force Awemtty 
from and after thirty days after the nse of the ses-^£* ^ 
of the General Assembly in which such acts shall 
ire passed and not before, unless in any act or acts the 
commencement of the operation of such aict or acts 
" be expressly otherwise directed. 

ADJOURNMENT. 

1777. C. 2. 

L $ $9. If by * e as°n of indisposition or other inatu* 
tT, bad weather or other accidems, it shall so happen 
tat a sufficient number of justices shall not meet, for 
biding the said courts or any of them on the days by this 
appointed ; in such case it shall and may be law Jul for 
ly ooe justice to adjourn the court whereof he shall be t ; C e may*" 
ronnber, from day to day, not exceeding three days, adjourn 
itil a sufficient number of justices can attend to hold the the court. 

1792. C.20. 

II. $ 3. If the judge ot judges, of the several supe* 
ior courts of law and courts of equity should fail to attend 
the first day of the term of any of the said courts res- 
tivdy, it shall and may be lawful for the sherifF of the n * *"}** 
>unty where the said courts shall be held, and he is here-journ the 
? authorised to adjourn the said court or' courts, from Superior 
W to day, for any term notexceeding thiee days ; and courta * 
the said judges, or any one of them, do not attend on 
>r before the expiration of the third "day of the term of 
jhc said courts respectively, it shall and may be lawful for 
>e said sheriff to adjourn the said court or courts to the 
jnn next in course* 

Gee County Courts 1. Superior Courts 5, & 



ADMINISTRATOR AND EXECUTOR. 



ADMINISTRATOR AND EXECUTOR, 

1715. C.48. 

I. $ 4, 5. No person shall presume to enter up* 
fcoita^rtte administration of any deceased person's estate, um 
ingon the they have obtained such commission of administration, i 
estate of letters testamentary, under the penalty of fifty pound 

to be. ob- crnor or commander in chief for the time being, to be r 
tained. covered by bill, plaint or^nformation, in general court 
this province > wherein no essoin, protection or wager i 
pee Wills, law, shall be allowed or, admitted of. 

Form of the Condition of the Administration Bond. 

The condition of the above obligation is sucji, that if the aba 

bounden A B, administrator of all and singufar the goods and chi 

Form of teis, rights and credits of C D, deceased, do make or cause to i 

the condi. made a true and perfect inventory of all and singular the goo 

tionof Ad- and chattels., rights and credits of the said deceased, which have i 

nimstra- shall come to the hands, possession, or knowledge of the said A I 

ffcoq Bond, or injo the hands and possession of any other person or pei sons t 

him, and the same so made do exhibit, or cause to be exh bited 

the precinct court where orders fpr administration passed, witta 

ninety days after the date of these presents ; and the same good 

chattels, and credits, and all other the goods, chattels, and credit 

. of the said deceased, at tfcje time of bis death ; or which at at 

time after shall come to the hands or possession of the said A 1 

or into the hands or possession of any other, person or persons f< 

him, do well and truly administer according to law ; and further < 

make or cause to be made, a true and just account of his sai 

administration, within two years after the date of these presents 

and all the rest and residue of the said goods, chattels, and credi 

which shall be found remaining upon the said Administrator's at 

count, the same being first examined and allowed by the precini 

court, shall deliver and pay to such pers< jt or persons respective 

as the same shall be due unto, pursuant to the true intent an 

meaning of this act ; and if it shall appear that any last will as 

testament was made by the deceased, and the executor or exec* 

tors therein named, do exhibit the same into court, making reque 

to have it allowed and approved accordingly, if the said A B, abo« 

named, being thereunto required, do render and deliver the sai 

letters of administration, approbation of such testament being fifl 

had and made in the said court ; then this obligation to be void as 

of none effect, or else to remain in full force and virtue. 

V23. CIO. 

IIL § 2. Every executor or executrix, administrate 

Inventory or administratrix, shall some time before, or at the ncl 

'See Wi- precinct court after his, her, or their entering on the ad 

doA-sjX. ministration of any deceased person's estate, draw, 

cause to be drawn, a just, true and perfect inventory d 

all the goods and chattels of the deceased (such only el 

cepted as by the aforementioned foriqei; lav, arc resflpq 



//&*/, fa/.. £&-S^ 




6.0AA/' 4fcc> c*^_ a&jL^ t*m*«-tj f £l 'tecchy *w <2u+<6xr- 

l 



ADMtNISTBATOR AND EXECUTOR, 



7 



rdbain to the use of orphans not of age till they arrive / 

(ullage, or such as are by special legacies particularly 
id) which inventory shall be exhibited at the 
[fepective courts of the pTecinct in which the said goods 
and attested on oath by the persons exhibiting the 
; and shall give notice by advertisement at the court . Adver* 
door of the precinct during the court's sitting, that u * cmeilt - . 
the day of which shall be some days {before 

next succeeding court, the said goods will be exposed 
public sale to the highest bidder, at the pSace where 
nid goods are reserved and kept, and the executors 
administrators shall, on oath, render a true account Accoost 
such sale to the next court immediately succeeding of aaica. 
sales, and shall accordingly be accountable for the 
to such persons as by law is provided. 
$3. In case the estate of any person deceased shall 
so far indebted as that the debts cannot be discharged 
die sale of what are deemed perishable commodities, r/jmcrisb* 
~ then and in such case the executors or administra- tt ble goods 
shall, and they are hereby empowered and required when to be 
expose to sale, in like manner as aforesaid, by the di- "^'y^ 
ions of the prec net court, such part of, and so many xviflL 
the imperishable goods directed by the before-men- 
act, to be kept and reserved !n kind, as will pay 
satisfy all such debts and demands* • 

1762. C.5. 
IV. $ 23. All legacies, filial portion, distributive T^«?*ci« 
of intestates* estate, sunt or sums of money, or ****** «£ 
estate, due or owing from any person appointed f^mgi w- 
ian to any orphan, or from any executors of admin* dums or 
rs, of other person whatsoever, shall and may be *dim»is- 
ered by petition to the superior courts of the districts, ot hersJboW 
i<* any inferior coi its of pleas and quarter-sessions, res- r«cov< 
feet being had to the jurisdiction of the said court ; aud Wc 
Aat in all suits by petition as aforesaid, and in the said 
respectively, the following rules and methods shall 
fcc observed* 

, Tbe petitioner shall file his petition in court upon exhi- 
[fttbgthe same,- and thereupon summons shall be issued 
the clerk of course, and that upon the defendants 9 be- 
g served therewith, and with a copy of said petition, 
shall appear and put in his answer of plea, upon qath, 
demur* 

That upon an answer, plea, or demurrer, being filed as 
retold, the petitioner may move the court to have the S wer<>r4 
*ffl*sctfor hearing, and immediately argued, and there- »uw«*\ 



{ra&fe. 



vu* 






l/. 



8 iDMnbsf RAtOR And EXEctrroto; 

fepoft the court shall proceed to hear and determine 
same according as the matter in equity and law shall 
pear to them, without regard to form or want of torn 
the. petition, process, or course of proceedings. 
« That upon the defendant's being -Served with a 8t 
* ' mons, and a copy of the petition, ten days before 
ietitioTto court to which such summons is returnable^ and oath mj 
he taken thereof, .if he shall fail to appear and plead, answer or * 
£ro conies, mur, as aforesaid, the petitioner's petition shall be tal 
*** firo confesso, and the matter thereof decreed according 

with costs ; unless on special reason shewn to, and app 
Ved of, by the .court, time shall be allowed such defend; 
to file such plea, answer or demurrer. ' 
, Thatupdn the petitioner dismissing his petition, or 1 
Costs, same being dismissed for want of prosecution, he sh 
pay cos'tsi 
t Pr^con- .And if any defendant shall appear on such svtmmoi 
fa* * and. shall obstinately refuse to answer the petition of t 
petitioner, the same shall be taken pro confesso, and ll 
matter decreed as aforesaid* *<•■,- 

Every defendant shall be at liberty Co swear to his ai 
a wer or plea before any justice. > 
Ttea or Hat when a plea or derrturner shall be overruled, ti 
<Jemurrer defendant shall file his answer the same court, 
c^erruled That when the petitioner shall be minded to dtsprov 
Replied tnc answer of the defendant, and support his claims, b 
tioik ma^replyv, ^ ri , . ^ ... > • ." 

< , v . Commissions to .examine witnesses may be awarded b 
ronwiiii-the court, after replication filed, the party taking Out sue 
** n * commission giving the adyer.se party ten days notice of th 

time and plage of executing, tbe same. 

And that upon a decree bring made .upon any such pe 
*• Ex If!!!l* tition, it shall and may be lawful for the court who shal 
body, and make the sjime, #> grant execution against the tf deiendant < 
pods and b^dy, goods and chattels, lancjs and tenements, for satis* 
k* d* 1 *' d *V* n S ftUcn decree and cos^ts ; any law, usage or custom W 
taemenuw lnc contrary notwithstanding. 

1777. C 2 

^ * * * • 

,V. $ .62. T^r. courts of pleas ,and quarter sessions, 
C. Co»jrt shal and may rhalce orders for issuing letters testamentary^* 
** ff 1 " nt and letters of administration. ; b c which letters shall be 
a^Seew:!'*. s ig ne d and issue/1 oy the clerk*' of Said court.* 
b Par. xv! VI. § 63. If any person who shall claim a right to' 
c See \\i- execute any will or to administer the estate of guy intei- 
vi^ f ?Mr * tate, and shall think himself injured by order of coutt 



> 



A 
if 



ft* 



i-Jr 4n~ 2.ftf:6n*~ sua 



r- 



6b fcu puL<UX&~ Cu.OjJ&L ^^' 







/j&.U- / 7&*AA2ofoU : .£4vj 



V 



1 



ADl^ENISTItATOR AND EXECUTOIt, £ 

tar letters testamentary or of administration, shall be en* . . 
tided to an appeal to the superior court of the district to Superior 
where «uch order shall be made, subject to the same re- Court, 
potions, as in other cases of appeal ; and such superior 
tact is hereby declared to have cognizance thereof, and 
I Wat their sitting next succeeding such appeal, de- x 

I taniae the same and upon such determination had, such 
I tort shall proceed to grant the letters to the person 
Motitled to the same, he or she giving bond, with sufficient 
security, for the faithful discharge of the trust. 

V1L $ 64« All original wills, inventories and ac- Wl n 9 - in-k 
coasts of executors and administrators shall remain inventories, 
the clerk's office, among the records of the respective & accounts 
counties where the same shall be proved or exhibited, i^^^ 
tod to the said wills, inventories, and accounts, any pef- 
M may have access as to the other records, except for the 
tae they shall or may be removed before any other court 
vpo&the determination of any controversy. 4 

1784. C.23. /t^4 d \ 

VIII. § 2 9 3. As soon as an administrator stall 
feve finished his administration on such estates, and no 
treditor shall make any further demand, the residue of kA Jrr- m 
wen estate not recovered by any of km to the deceased, or trator ha* 
*H«mj creditor^ in seven years, shall be deposited in the finished his 
treasury, there to remain without interest, subject to the (^JjJJ'jL- 
daim of the lawful- representatives of such decedent, residue to 
Without being subject to limitation or time; and the trea- tobedepo- 
»orer in all such cases may demand payment of such ad- *; ted in lh * 
ainistrator, and on refusal or delay, give notice of thirty ^" 
days to appear and show cause why he refuses or delays 
^yment, and on non-appearance enter up judgment, and 
dfereon proceed to execution* 

1786. C.4. 

IX. § 2. Executors and administrators, in the pay- 
out of the debts of their testators and intestates, shall Bills bonds 
hereafter hold and consider debts due upon bills, bonds, nol< jLi 4 ^ 
**& promissory notes, whether with or without seal, and *o U nt» of * 
a Q settled and liquidated accounts signed by the debtor, equal dig- 
to of equal dignity, and shall pay the same accordingly : nil y* 
yorided always, that executors and administrators shall 
to all other respects, except as aforesaid, have the same 
^Sftt of preference in the payment of creditors which 
fttv have heretofore had and held Under the laws then 
to force. 

1789. C 23. 

X. § 2# No executor or administrator shall hereafter Property 
fch, hold, or retain in his hands, more of the deceased's " be del* 

B 



10 AEMlNISTTtAtOK AND EXECUTOR. 

vered over estate than amounts to bis necessary charges* ancf 4 

in2yeai8. bursements,* and such debts as he shall legally pay wi 

xxil. 81 ' > n two years after administration granted, but that 

such estat* so remaining, shall immediately after the < 

piration of two years be divided, delivered, and pi 

over to such person or persons to whom the same it 

be due by law or the will of the deceased ; such pen 

Bond to or P er80D *t or some other for them, giving bond with' t 

refund, or more able sureties, that if any debt or debts tn 

owing by the deceased, shall be afterwards sued for a 

recovered, or otherwise duly made appear, that th 

and in ^very such ease, he or they shall respectively 

fund and pay each his or her rateable part of that debt 

debts, out of the part or share so as aforesaid allotted 

him or her > and such bond, so taken, shall be made pa 

able to the chairman of the county court for the time I 

ing, and his successors ; which said bond shall be a 

' * enure. to the sole use and advantage of the creditors, a 

sufrh creditor or creditor* shall and may have a sc 

facias* in manner hereinafter directed, against the ol 

gors in the said bond, as if the said bond had been drai 

and delivered to such creditor or creditors* 

Bond to XL $ 3. The bond so taken by executors or adn 

be lodged nistrators from legatees, or persons entitled to a distrtfc 

in court. t j ye g | larc Q f ^ estate of, an intestate, shall by such ej 

cutor or administrator be brought into court at the oc 

succeeding court after such bonds are so taken, and 

record shall be fhade thereof, and the bonds then lodg 

in the office of the said court, with the records of t 

court f and in all suits where the executors or admin 

trators of any deceased person shall plead fully admin 

tered, no assets, or not sufficient assets to satisfy t 

plaintiff's demand, and such plea shall be found in lave 

of the defendant, the plaintiff may proceed to ascerti 

g . his demand and sign judgment, and, on motion, a writ 

facias, • writ* of scire facias shall and may issue, summoning su 

when to is- persons who have entered into bond as aforesaid, to sh< 

* *hbond* €aU8C **y execution should not issue against them i 

the amount of such judgment ; & if there shall be judgmc 

against the defendant or defendants to the scire facu 

or any of them, execution shall and may issue there 

against the proper goods and chattels, lands and tenemet 

of such defendant or defendants* 

Creditors, XII. § 4. The creditors of any person or perso 

when bar* deceased, if he or they reside within this state, shall wit 

Kd* in two years, and if they reside without the limits of tl 

states shall within three years, from the qualification- 



AOMIMSTRATOR AND EXQCVTGQ. U 

it teecvtor or administrator, exhibit and make demand 
d their respective accounts, debts, and claims of every 
bd whatever, to such executors or administrators ; and 
if ay creditor or creditors shall hereafter fail to demand 
ad bring suit for the recovery of his, h$r, or their debs, 
jb above speci&ed, within the aloresaid time limited, he 
fir they shall be forever debarred from the recovery of 
kis, her, or their debt, in any court of law or equity, or for s * J^j* 
before any justice of the peace within this state : Pro* person*, 
rided that nothing in this act shall extend to debar in- 
fants, persons non compos, or femes covert, to bring * * 
their several actions after the exp; ration of the term / , t * 
above mentioned, provided such actions be brought with- 
in one year after the coming to lawful age, sound mind. 
ft discovtrture of such persons ; Provided also, that it 
iny creditor, who after making 'demand of his debt or 
daim, shall delay to bring suit at the special request of jf <uto» 
{he executors or administrators, that then and in that case, requested* 
Ac said debt or demand shall not be tarred during the not baiTed - 
time of the indulgence* 

XIII. $ 5. Every executor or administrator shall, T° ad I?* 
hrhhin two months after being qualified as executor orj^^ 
administrator, advertise at the courthouse of the county 

prbtre the deceased usually dwelt at the time of his death, 
and other public places in said county, and at the district 
^courthouse at the next district superior court of law & equi- 
/hcld for the district in which such county may be, for all 
rsons to bring their accounts and demands of every 
and denomination to the said executor or adminis- 
ter, agreeably to the directions of this act* 
.•— - • ir9|. CIO. . 

XIV. All administration bonds shall be taken and Bt £J" ,lta * 
ade payable to the chaitman of the court for the time bonds, to 

feeing, and his successors in office ; w)*ich bond shall and whom 
aaay be put in suit at the instance of any person injured, ™^ epa * % 
in the name of the chairman of the court, without any as- 
signment whatever, 

179L C.22. 

XV. $ $• Executors and administrators shall, at all 

times with such bond (required by paragraph X,) take To return 
and return a descriptive list of the property by them de- llSts of 
jivered to the different legatees and persons entitled to SSyw-eJ^ 
distributive shares; and this list shall be filed by the 
clerks of the courts to which such returns are made, with 
•he bonds respectively among the records of the said 



tfwrts* 



J2 ADMINISTRATOR AND EXECUTOR. , 

titled to XVI. In future the greatest creditor residing w^tl 
administer the state (proving his debt upon oath % 1715, c. 48, § I 
dow C pjtf. 1 shal * be cntitle dt after the widow* and the next of kin, 
\lli ' the administration of the estate of any deceased persoc 

1793 C 18. 

sheriff; XVII. |t shall not be held or be deemed to be t 

vhen al, r ight or the duty of the sheriff, to sell or dispose of t 

9 eH estate of any deceased person, except where the admit 

J *JA£ ptration may be granted to the creditor or creditors of t 

* /* ,f<U deceased; in which case the sheriff shall be allowed ! 

£ j ^/ the court, so as such allowance does not exceed two ai 

an half per cent, any law to the contrary notwithstandio 

1794. C. 14. 
^^ XVIII. $ 1. The meaning and operation of the sa 
goods, &c. acta (authorising and directing the sale of personal 
*> be sold. perishable estate by executors or administrators — see pc 
III.) are, that when the estate of any person decease 
shall be so far Indebted as that the debts cannot be di 
charged by the monies on hand at the death of the test 
tor, or where a sale shall be deemed necessary for a ja 
and proper distribution and division of such person 
estate, that then it is and shall be the duty of every ex 
cutor or executrix, administrator or administratrix, 
sell and dispose of the goods and chattels of his or h 
testator or testatrix, or intestate, first obtaining an ord 
of the court of the county for that purpose, for the mo 
that may be gotten for the same by public sale, havit 
first advertised the same at the courthouse and four oth 
public places within tfte county, at legist ijSfcnj^jJay^s b 
fore the sale ; and shall, tor enhancing the price therec 
give not less than six months credit, upon bond and sect 
rity given ; and tkftt such executor or executrix, admin 
strator or administratrix, shall, after the time of sue 
payment is past, take & pursue all lawful ways & means i 
recover & receive the money so due as aforesaid, or othe 
wise shall be chargeable and answerable for the sann 
and that such monies, when received, shall be liable 1 
Gnodcsold the satisfaction of judgments previously obtained, an 
w^reas- cntem j U p as a judgment when assets should come to th 

hands of the executor -or administrator. 
Not to in- XIX. $ 2. Nothing in this act shall be construed t 
terfere affect the powers, trusts, or authorities of an executor o 
with the executrix, derived from the will of his or her testator q 
w testatrix. 




c/t 




<u 



cyj- 




tzzx^ 2 Mop, /e //r- 






ADMINISTRATOR AND EXECUTOR. IS 

XX, § 3. The naming or appointing any person exe- PeMer 

War, shall not be considered as a discharge of any debt appointed 

or demand due from the person so named as executor to sl)all not 

tk testator* extinguish 

1797. C.8. debu 

XXI. Executors or administrators of any deceased 

ftrson, are fully authorised and empowered to execute a Tc \ e 7jl 
dttd or deeds of conveyance for any lands that may have for liilltig 
bece bona fide sold by the deceased, and for nhich hesolU. 
fca given to the purchaser a bond or bonds to coi*vey the 
jume; Provided such bond or bonds be first pi oven in 
the court of the county where the said lands are situated, 
if in this state, if not, the bonds to be proved in the 
county where the obligee lives or obligor died ; and which 
bond so proven, shall be recorded and registered in the 
register's boolcs of said county ; and provided the deeds 
tfeus execute 1 shall not convey other or a greater quantity 
of land, or higher titles than were specified in said bonds : 
Ar.d all deeds thus executed shall be as pood and valid 
in law as the same would have been if executed by the 
orgroal obligor : And provided also, that no executor or 
administrator, shall be authorised under this act to exe* ' 

cute titles previous to the full payment of all the purchase 
monies due ior said lands, if the bond of performance spe- 
| cifies that the purchase monies were to be paid before 
! the title should be made* 
t 1799. 

i. XXII. That part of the 9th section of 1715, which h ^^ t0f * 
\ follows, shall be in mil force, viz. Creditors of any person 
leased shall n.ake their claim within seven if ears after 
w death of such debtor^ otherwise such creditor shall be 
Jcrever barred. 

AXIII. The several ceurts of this state shall, in ma- 
ting allowances of commissions to guardians, executors, a n r>vnnt r 
*f-d administrators, take into consideration the trouble commis- 
ard time expended in the management of any deceased sionH » to 
F r vr.% estate, and shall make an allowance of comrais* ^ub\e fee 
•'"is *ot exceeding five per cent, for the amount of the 
**ct ipib&expenditures which shall appear to be fairly made 
i-the management of any such deceased person's estate* 
Aiiy allowance made shall be held and deemed a proper 
and fair charge against the assets in the hands of any 
such guardian, executor, or administrator; and he, she, * 

°r they shall and may retain for the same, as well against " 9 

an F creditor of the deceased, as against persons claim- 
tog as legatees, or as being entitled to distributive share* 



14 ADMINISTRATOR AND EXECUTOR. 

of such deceased person's estate : Provided, that notfa! 
herein shall be construed to prevent any executor, gu 
dian, or administrator, from retaining, fur neccsa; 
charges and disbursements, in the same manner as hi 
been heretofore allowed by law* 

1804. C. 27. 

Btewtari XXIV- §"1. Every executor and administrator si 

amladmi- ^e a copy or copies of the advertisements which 

toVake ™ «he, or they shall put up or cause to be put up, in pur 

copyofibcance of the above recited act*, which copy or copies w 

«dvertUe- an affidavit made thereon before some justice of the pel 

upT»-!ilch °f tne county in which advertisements are by said act i 

ihsli bt rected to be made, by some competent witness, stati 

•W ; n <*• therein the time and times, and place and places, wli 

fa e * and where the said advertisements were seen, shall, at t 

ftSe«pw.term of that county court next following that in whi 

XII, JUU. any last will and testament shall have been admitted 

iate, or any administration shall have been grant* 

iled in the office of the clerk of said court : And t 

copy or copies attested as aforesaid, shall be com 

:cl as a record of said court; and the same with 

ificate of the clerk thereof, certifying that tin sa 

? or copies, was or were filed at the time herein r 

ed, shall be received as evidence in any court of Is 

quity, or before any other jurisdiction in this atatt 

/ided always, that nothing herein contained shall I 

ons trued as to preclude any executor or administr 

"rom proving his, her, or their compliance with tl 

lisites of the 5th section of the said recited act, in at 

r manner which may be deemed competent by the si 

sr courts of law and equity of ihis stale. 

1805. C. 16. 

XV. § 1. Every executor or administrator wfi 
1 have advertised agreeable to the act of one thousan 
n hundred and eighty-nine, may, within nine montt 
i the passing of this ;ct> establish the same in tb 
ner prescribed by the act of one thousand eight hut 
I and four, and such notice, so proved, shall be an 
ed as evidence in any court of law or equity, or beftor 
jurisdiction. 

C. 17. 
!XVJ. All administration bonds taken and madi 
ible to the governor and his successors, after th< 
itieth day of May, in the year one thousand sevei 
Ireil and ninety two, may be put in suit in the nam) 
le governor for the time being, by any person injure^ 



V^:^L nS*A:£fc*'Z4te 



/Jtit.C/l-c/tA. fa^eo 6*.cjr~ 



ADMINTST&ATOR AND EXECtfTCftt 15 

tif&oatany assignment, and judgment shall and may fcjHwbetnit 
itecorercd the re on in any of the courts of record in this m suit 



1806. C. 12. ^ * 

Si VII. From and after the passing of this act, the tj, 6 y^, 
aons of an act passed at Fayetteville in the year one visions of 
seven hundred and eighty-nine, entitled t4 An^ 801 ^ 
\Jka directing the mode of proceeding against the *eal terhitoe */ 
of deceased debtors, where the persona] estate is ecu.om It 
aent for the payment of the debts," shall, and the admini* 
tc is hereby declared to extend to executors and admi« lralorir 

>rs generally, Under the same rules, regulations, 
restrictions as are by the said act required. 

Ataemeni 2. Accidents 2. Escape 2. Intestates' 'Estate 1,2.-* 
Jo«tand Several Contracts 1 2. Lands 5,7. Practice 22. Sales and 
Asctflu 1, 2 Set-ofi 1. Slaves 80, 81. Suicide 1. Taxes 1, 12,19, 
Widows 3, 5, c\ 7, 8, 9, 10. Wills 2, 1 0, 

1807. C.5. 

XXVIII. $ 1# I it all suits where executors or admini* 
of any deceased person snail omit to plead fully 
imistercd, no assets, or not sufficient assets to satisfy 
plaintiff 9 s demand, or where they shall plead the said 
i, or any of them, and the same shall be found against 
:h executors or administrators, and they shall be, or 
r ards become insolvent* so that the creditor cannot 
ire satisfaction for his demand, such creditor shall 
may have the same remedy against the real estate of Remaf* 
deceased debtor in the hands of the heirs or devi* to bc h *£ 
its, and the same process as is provided by the afore- ecutor* 
d act ; and if judgment be rendered against the heirs fail to 
devisees, or any of them, execution shall and mayP leaAr 
ue against the real estate of the deceased debtor in the 
s of such heirs or devisees : Provided, that no cre- 
ditor shall be entitled to the remedy aforesaid against the 
:keir or devisee, who shaH be guilty of any negligence or 
collusion in prosecuting his suit, whereby the executor 
or administrator shall become insolvent, to the detriment 
of the heir or devisee, which negligence or collusion 
such heir or devisee may show on an issue joined under 
the direction of the court before whom the trial shall . 
be had. 

XXIX. $ 2. When any heir or devisee of re*l estate, TfarrMr* 
against whom judgment may pass, shall transfer or alien * c - tran^ 
the same, such heirs or devisees shall be liable to thejy*£™£ e £ 
• creditors in their proper estate to the value of such estate able in In* 
;• so transferred or aliened, which value shall bc ascertained own P r(V 
by the jury impannelled to try the issues joined on the per ff * u% * 
proceedings between the said parties, and execution shall 
«1 may issue accordingly. 



16 ADMINISTRATOR AND EXECUTOR. 

Course to XXX. $ 3. When any creditor of a deceased pe 

betaken, c ]aims to have judgment against the real estate of i 

ditor* CI *" debtor in the hands of the heirs or devisees, by rej 

claim of the executors or administrators failing to plead 

judgment pleas aforesaid, or on account of the insolvency of 

Kil! estate cxecut0IS . or administrators as herein before mentiq 

the heirs or devisees of such deceased debtors shall . 

may be permitted to show', as heretofore, that the exi 

tors or administrators have assets, and on an issue ber t^ 

them and the creditor that the executors or administra 

are not insolvent, but have property suffici-nt to pay 

or whole of the debt demanded and costs ; and if 

the said issues shall be found in whole or in part for 

heirs or devisees, judgment shall he rendered acci 

ingly* otherwise for the creditor. , 

XXXI. \ 4. Nothing herein contained shall be- ej 

ynttYing strued to repeal the aforesaid act {directing the mom 

J^j] proceeding agninst the real estates of deceased debtors zel 

farmer act. the perianal estate is insufficient for the payment of det 

1784, c. II — see Lands'), or any part thereof, this, 

being intended only to- extend the remedy provided 

said act for creditors against the real estate of their i 

ceased debtors ; nor shall the provisions contained in t 

act affect the remedy which any creditor hat. or may hi 

 -?_* in equity, against the real estate of any deceased debt 

or in any manner change the rules of decision in equ 

in any such case. 

1810. CIO- 

XXXIT. When any collateral issue shall be ordered to 

made up between the executors or administrators and i 

heirs or devisees, in pursuance of the said fifth section 

Wi*n to the above recited act," the same shall be tried at or befi 

**» s«* ,ne 'second term thereafter of the court where the & 

ihall be ordered, and in default thereof, judjpn. 

e rendered against the lands of said deceased de 

favor of the original plaintiff, agreeable to *c 

unless on sufficient catJse shown to the court, ft 

me shall be given for the trial of said issue. 

rmr.lv nf Administrator ■gainst the ne *l Estate of his In tut 
inds, par. VII. 

1813- C.9. 
XIII. When atestator or testatrix shall appoint a 
i residing out of this state exe<utor or executrix of 1 
last will & testament, it shall be the duty of the cot 
is and quarter sessions, before which the said w 



I 



ADMINISTRATOR AND EXECUTOR, 17 

foil be offered for probate, to cause the executor or exe- Executors 
otrix named thereon to enter into bond with good and resid.ng- 
a&ient security for his or her faithful administration oi^ t " to** 
tk estate of the said testator or testatrix, and for the dis- gtve seen* 
Motion thereof in the manner prescribed by law ; which rit y* 
lad shall be made payable to the chairman of the said 
fwrt and his successor in office, and the penaky thereof 
stall be double the supposed amount of the personal es- 
tate of the said testator or testatrix, and until the said ex« 
center or executrix shall enter into such bond, he or she 
shall have no power nor authority to intermeddle with the 
estate of the said testator or testatrix, and the court of the 
rxinty in which the testator or testatrix had his or her 
jut usual place of residence shall proceed to grant letters 
of administration with the will annexed, which shall con- 
tinue in force until the said executor or executrix shall en- 
ter into bond as aforesaid. Provided nevertheless, and it 
h hereby declared, that the said executor or executrix 
shall enter into bond as by this act directed, within the 
space of one year after the death of the said testator or 
testatrix and not afterwards ; and all persons residing out 
this state who have heretofore been appointed executors 
any last will or testament of any person residing within 
this state, shall, within twelve months after the passing of 
tiiis act, enter into bond in manner herein prescribed, oth- 
erwise all their powers as executors to intermeddle with 
the goods and effects of his or her testator or testatrix 
" iw remaining within this state, shall cease and deter* 
iae, and the court of the county to which the will of the 
'said testator or testatrix was proved or hereafter shall be 
proved, shall proceed to grant letters of administration^,. % 
on his or her estate with the will annexed, to some discreet^ * 
person or persons : • Provided always, that nothing contain-v. 
cd in this act, shall affect the rights of such executor, so ^\^ 
bar as relates to his undertakings for his testator or his 

power of retainer. 

1816. C. 15. 

XXX I V. Whereas great loss to estates is sometimes suf- 
fered, where persons die intestate during the recess of the 
comity courts, for the want of authority, in some person, to . 
collect the assets, and to expose to sale such parts thereof realDl ^ 
as are likely to perish, or be much impaired in value, be- 
fore the sitting of the next court of pleas and quarter ses- 
sions of the county in which the said deceased had his 
last usual place of residence- 
It is enacted, that where any person shall die iiitestate* 



II ADMtittStRAf dlt AND EXECUTOR 

Special and his or her estate is in such situation as to require Q 

letters of immediate care of some discreet person, it shall be lawtl 

uauon*" for any three justices of the peace of the county in whi^ 

Mated, the deceased had his or her last usual place of ret> idence, i 

meet together at the clerk's office of the said county f bM 

to grant to some discreet person special letters of adnfl 

lustration on the estate of said deceased, authorising aq 

empowering said person to collect and take into his or bri 

possession the estate of the said deceased, until the nd 

ensuing court of pleas and quarter sessions of said count 

and to expose to public sale upon a credit of not mJ 

than twelve nor less than six months, so much of the era 

Stock, and provisions on hand, as the said three justice 

may deem advisable ; and a schedule of such stock, cro 

and provisions so directed to be sold, shall be made o< 

by the said three justices, and a copy thereof signed t 

them shall be filed with the clerk of the said county 

and the said justices, before granting letters of admin 

Bonds to stration as aforesaid, shall require, and take from the pe 

t V ^ J*** 1 son tOfWhom the same shall be granted, bond with appn 

• Vana filed. ve( j security in such sum as the said three justices sha 

order and direct, conditioned for his or her faithful mi 
ministration of the said estate, until the next ensuta 
court of pleas and quarter sessions of the said count: 
and for his or her faithfully accounting for and deli verii 
over the said estate to such person or persons, as the sai 
court shajl appoint as administrator of the said estat 
And the said bond shall be filed with the clerk of tl 
said county court, for safekeeping, and the said count 
court shall proceed to grant general letters of ad mini 
Clerk's tration to su h person or persons as are or may be 1 
f^** gaily entitled o the same, and the same fees shall be a 

lowed to the clerk of the said court for taking the boi 
first Mentioned as aforesaid, as are allowed by law fi 
taking bond* in common cases of administration : Pr 
vided, that nothing in this act contained shall prevent tl 
family of the deceased from using* the crop, stock, ai 
provision of the deceased, until the granting of the sai 
special administration ; nor affect or impair the rights » 
the widow, to a yearns allowance as now established t 

law* 

See Wills. 

AFFIDAVITS- 

1784. C. 13. 

I. $ 2. From and after the passing of this act, th 
judges in ay appoint, and are hereby directed to appoi 



/nf.c *// 

y ? *#"&>- justzr&u &*>***■ <"— 





$*- 















AMEKBM&NT. 19 

.p* prudent and discreet person in each county, as a com- Coming 
usioner for taking affidavits relative to all cause* about ii 2 n 1 cr of 
cbg instituted or depending in any of the courts of law V1 * 8 ' 
jr equity within this state, on which affidavits being cer- 
^ ' by such commissioner to have been taken before 
the same process, orders, and rules may issue front 
said courts or the judges thereof respectively, as if the' 
ittcr in said affidavits contained had been sworn to before 
e said judges u» term time or in the vacation. 
II- § 3. The person under this act appointed by the 
: joefges are hereby declared- to have the authority thereto 
{orapetent* 

ALLEGIANCE* 

COWBTITUTIOS". 

I. § *0. Every foreigner who comes to settle in this. 
State, having first taken an oath of allegiance to the same* 
may purchase, or by other just means acquire, hold and 
transfer land or other real estate, 

1777. C.6. 

II. All and every person and persons who shall von 
luntarily come into this s$ate hereafter to inhabit or re- 
side, do owe and shall pay allegiance to the State of North 

Carolina* 

■» • 

AMENDMENT* 

X790, C. 3. 

h $ 9w No summons, writ, declaration, return, pro- ^^ *$» 
tess, judgment, or other proceedings in the civil causes ^ r "\J^ 
in any court bf record, shall be abated, arrested, quashed, proceed* 
or reversed, for any defect or want of form ; but the said togs. 
courts respectively shall proceed and give judgment ac- 
cordingly, as the right Qf the cause a^d matter in law 
shall appear onto them, without regarding any imperfec- 
tions, defects, or want of form, in such writ, declaration, 
or other pleading, return, process, judgment, or course of 
proceeding whatsoever, except those only in cases of de- 
murrer, which the party demurring shall specially set n J^ a ^ 
down and express, together with his. demurrer, as the be allowed 
cause thereof. And the said courts respectively shall and of. 
ntay, by. virtue of this act, from time to time, amend all 
*nd every such imperfections, defects, and want of form* 
other than those only which the patty demurring shall set 
4own as aforesaid, and may at any time permit either of 
%Jjartka to amend any thing in the proces &or pieadings % 



-9Q APP1ALS AND ERRORS. 

upon such condition as. the said courts respectively sh: 
their discretion, and by their rules, prescribe* 

APPEALS AND ERRORS* 

1777. C.% 

Wit of I. § 4J%. The said superior courts shall hare per 

etrup from an( j authority to grant writs of error for correcting 

c!aurL 0r <rr°r s °f » n y inferior court ; and the party praying a\ 

Writ before the same shall isstie, shall assign error, 

give bond and security to the satisfaction of the court 

Abide by, perform, and fulfil the judgment which shall 

given thereon by such court; and if, upon argument] 

any writ of error, or trial of any appeal from an infer! 

court, the judgment or decree of the inferior court si 

be reversed, the superior court shall grant judgment, 

make such decree thereupon as should have been 

tip or entered in such inferior court, and shall and 

'issue execution thereupon, without granting a writ 

procedendo ; and to prevent the obtaining of writs <a 

error by surprize, the party praying such writ in a civl 

cause, shall give notice in writing to the adverse party, a 

least ten days before motion of his intention to move fa 

such writ, and no such writ shall be granted without at 

f davit of such notice. 

II. $ 82. When any person or persons, either plain 
tiff or defendant, shall be dissatisfied with the sentence 
judgment, or decree of any county court, he may pray at 

' Appeal, appeal from such sentence, judgment, or decree, to th< 
superior court of law of the district wherein such count] 
court shall be; but before obtaining the same, shall entei 
into bond, with two sufficient securities, for prosecuting 
the same with effect, and for performing the judgment 
sentence, and decree, which the superior court shall pasi 
or make thereon, in case such appellant shall have A< 
cause decided against him. 

III. § 83. When any person shall be desirous t< 
prosecute a writ of error, he shall move the county coun 

, Ttfrit of of pleas and quarter sessions, where such suit is or had 
error in htct) depending, to allow a writ of error, he first entering 

I court 111 J * rto l )0r, d as before directed in cases of appeals; and the 
court is hereby empowered and required to allow thereol 

[ as* if such writ of error should be then and there produ- 

; ced from the superior court. 

I IV* § 84* "V\ htn any person shall have appealed to a 

[ Trarocnpt superior court in manner above directed, a transcript oi 
peak.*** * the record of the suit ou which the appeal shall be made, 












arkAfafr.toj- ^tc^ / 7H~*? 



• ?1 



H 
"* 



J 



1 

1 



APPEALS AND EUROHS. 21 

be delivered to the clerk of the superior court at 
fifteen days before the sitting of the term, and shall 
kirn be filed the same day on which he received the 
: and if the trial of the county court was of an issue; 
county, a trial de novo shall be had ; and if on a 
ing of a petition for a filial portion or legacy, or dia- 
ive share of an intestate's estate, or other matter re- 
5 thereto, a rehearing at the superior court, without 
a given by either party : and if such transcript of the 
is not filed within the time aforesaid, or if the ap- 
t shall fail to appear, or to prosecute his appeal, 
the judgment, sentence, or decree of the county 
Court, shall be affirmed, and the appellant shall pay 
kwbk costs in the superior court. 
V# $ 85. And for prosecuting writs of error, the 
flowing method of practice shall be observed, — that is Transcript 
say, a transcript of the records and proceedings in the upon error 
nty court, \a the suit in which any writ of error shall 
granted or allowed, shall be transmitted and delivered 
the clerk of the superior court, at least, fifteen days 
tare the sitting of the term ; and in case the plaintiff 
m error shall neglect to file such writ, and assign error 
fe aforesaid, or shall fail to appear, or to prosecute the 
faifte, then the judgment of the county court shall be af- 
fnatd, and he shall be adjudged to pay double costs in 
fc superior court. 

VI. § 86. If it shall so happen, that there shall not 11 not 30 
fc thirty days between the last day of the term or hear- ***>• be * 
fZ m the county court, and the next term of the superior count y 
twin to which such appeal shall be made, or writ of er- court and 
'tor allowed, then suck appeal or writ of error shall be su perior 

continued, and a transcript of tr^e records and proceedings ^" 4t * to be 
•tall be transmitted and filed in like-manner in the office dune. 
°f the superior cpurt, the term succeeding that which 
•hall immediately follow such county court term in which 
ttdi trial and hearing shall be had as aforesaid. 

VII. $ 87. In every county court of pleas and quar- 
ter sessions within this state, when any appeal shall be ~ f 
granted or writ of error allowed, the clerk of such court the record 
•ball immediately make up a full and perfect record oftobem.de 
all the proceedings in such cause, and shall within ten£ ut | nUa 
&ys after the final adjournment of the term in which the ays 
cause shall be heard, give an attested copy of such record, 

*Uh a taxation of all costs accrued, to the appellant or 
plaintiff in error, if required, and shall endorse on such 
[°f7 the day or days on which the same may have been 



$2 APPEALS AND ERROfifiU 

demanded, and the day on which it shall be delivered, 4 
sign his name as clerk thereto ; and if, by reason of 
delay of any clerk, any transcript shall not be filed in til 
or that the record is so erroneously or inartificiaJy m* 
up, that the superior court cannot proceed thereon, sj 
clerk, in any of the said cases, shall, upon trial, be adjiu 
ed guilty of misbehaviour in office, and shall forfeit 1 
pay to the person entitled to such attested copy the 8 
of fifty pounds, to be recovered by action of debt in 1 
court having cognisance thereof; and shall be further 
able to an action on the ca$e for all damages which a^ 
person may sustain for the want of such copy. 
* VIIJf $ 88, Jf the judge or judges of the super 
r lf matter court should be of opinion that there appears to be su 
ft sub- cjent matter of substance in the transcript of the rccc 

st:tncc, not .. - , JT 

to b«di$- and proceedings of any appeal or writ of error, to ena 
jhisse*. them to proceed thereon, the ?ame shall not be dismiss 
for want of form. 

IX. §8$. The clerks of the superior courts respe 
ively, upon receiving a transcript of the record and p: 
ceedings in .any $uit on which an appeal $haU be made, 
writ of error allowed, shall give a receipt to the per* 

Clerk of delivering the same, and shall immediately endorse thei 

superior ' on the day on which it shall be delivered ; and if he i 

court whaf ceive it fifteen days before the sitting of the term of 1 

recenrinF t * ien neXt superior court, he shall enter it on the docket 

ktranjcnpt causes for trial, and deliver to the party such summon! 

for their witnesses as they may require ; but if such trai 

cript shall be delivered to the derk of the superior coi 

within fifteen days before the sitting of such term as afoi 

said, then such clerk shall enter the cause on the referei 

docket of such court ; and if the clerk of any super 

court shall refuse, neglect or omit to do any of the duti 

which he is hereby required to perforrn, quch clerk sru 

upon trial and conviction, be deemed guilty of misbet 

viour in office, and shall forfeit and pay to the appeilat 

or plaintiff in error, one hundred pounds, to be recover 

by action of debt, in any court having cognizance therec 

and be further liable to an action on the case, for all d 

mages which such appellant, or plaintiff in error, m 

sustain, by reason of such refusal, neglect, or omission. 

1785. C.2, t 

X. § 1. Before the granting of any appeal whatevi 
*^jf7 o the attorney praying the same, shall certify to the court 

tcceiti- writing, reasons for his motion, with his opinion that tl 
ff<t fame are good and sufficient in law, why suck aprx 



APPEALS AND ERROBtSt * 1$ 

to be granted; which certificate, as aforesaid, 
with the name of'the said attorney, shall make part 
Ac record, and be transmitted with the other transcript 
r ir cause to the superior court as aforesaid. 
*XL § 2* When an appeal prayed shall not be pro- 
l, or the court before whom the said appeal may be 
rrmtned, shall affirm the judgment, then shall the ap« \2\p^t 
rat be decreed to pay the appellee twelve and an half ceil tum. 
centum interest, from the passing of the judgment in 
county court, by which such appeal may have been 
ited, and the bonds taken for the prosecution of ap- 

with effect, shall hereafter make part of the records Appeal 
up to the superior court, on which judgment may be bond*. 
iter entered up against the appellant and his secu- 



1801. CIO. 
XII* $ 4. Whenever any plaintiff shall appeal from 

judgment of any court of .pleas and quarter sessions (^ g ts how 
this state to the superior court of, N law for the district to be paid. 
which such county may be, and shall not recover more 
such superior court than he, she, or they did in the 
ity court, he, she, or they so appealing, shall not re* 
[cover their costs which may accrue on such appeal, but 
\ at the discretion of the superior court before which 
:h appeal shall be tried, be adjudged and made liable 
pay the costs thereof. And where a defendant or de- 
rfcedants in any action of debt, covenant, or assumpsit, 

appeal from the judgment of any court of pleas and i 
quarter sessidns to the superior court of law, and shall ' 
not on the uial of such appeal diminish the sum recovered 
by the plaintiff in the county court, the party so appeal- 
ing shall be compelled to pay to the plaintiff the sum of fntceert * 
ten per centum, to be computed from the time of render- 
ing judgment \n the, county court to the time of entering 
up judgment 1h the superior court, and the lawful rate 
p^r centum, from that time until the whole debt shall be 
fully paid and satisfied. 

1801. C.26. 

XIIL § 1. No writ of error shall be allowed, Wought, 
or prosecuted, upon any judgment rendered in any of the Limit * tloa 
eountv courts of this state, but within five vrars next af- 
ter the entering of such judgment, and not after. 

XIV. §2. If any person or persons, who is, are, or 
shall be entitled to prosecute a writ of error, be or shall 
fc«, at the time of his or her right to bring such writ of 
trior, non compos mentis, imprisoned, beyond seas, that- 



24 * Appeals and Errors, 

Pertont then such person or persons shall be at liberty to 
toon com- a wr ^ f error, so as the3 r bring the same within 
gosmen y Cars after their being of sound memory, at large *: 
turned from beyond seas, or of age* as other pc 
having no such impediment might have done. 

1807. C. 2. 

XV* $ 1. When any defendant or defendants, in 4 
action of debt, covenant, or assumpsit, shall appeal ft 
the judgment of any court of pleas and quarter sess« 
to a superior court, and shall not, upon the trial of si 
appeal, diminish the sum recovered by the plain tifl 
plaintiffs in the court of pleas and quarter sessioua; 
shall and may be lawful for the said superior court, 

bf conduc- ** a PP ear t ' lat tne a PP e »l w a s taken for the purpose of 4 

tin*r ap- l a >0 *° S^e judgment in behalf of the plaintiff or plainti 

peals in not only for the amount of the verdict rendered in & 

future. court, but also for a sum in addition thereto^ not excel 

ing four per centum per annum, on the principal sum : 

covered, from the time of the judgment ill the infer 

court, to the time of entering up the same in the super 

court ; which additional sum shall be considered, as 

penalty, and shall not draw interest in cases where itt 

rest is allowed on judgments* 

XVI. § 2. * When any plaintiff or plaintiffs shall a 
peal from the judgment of any court of pleas and quart 

C 0Bts not sessions to a superior court, and shall not recover in sa 

tecovered superior court a greater sum than that recovered in t 

in certain court of pleas and quarter sessions, independently of t 

cues. interest accrued sine the former judgment, he f she, 

they shall not recover the cost of appeal, but shall 

liable, at the discretion of the superior court, to pay t 

same. 

1807. C 11* 

XVII. In the trial of caveats of land, and suspense 
of grants of lands, where either party is dissatisfied wi 
the verdict of the jury, he may appeal to the superi 
court d{ his county, under the same rules, regulatiot 
and restrictions, as are now bylaw established for pros 
cuting appeals to the superior courts. 

1814. C.13. 

jnrfpe of XVIII. $ 1. From and after the passing of this a( 
npremec. no judge on his circuit, before whom, in any of the sup 
not to sit r j or courts n f tn i s 8ta te, any cause in law or equity, or ai 
from his * matter of law shall be tried, and which may he transtni 
dccUion. . ted to the supreme court by appeal, for the opinion of tl 



[♦ 







sio- Mj-c^M> //tyS*t 



APPRENTICED £0 

gtt, shall s?t on the trial of said cause or matter of 
rarthe supreme court ; but is hereby forbidden from 
flteg his opinion on any matter of law which may have 
ana on the trial of said cause in any of the courts be- * 
k; which said judge may have held. 

JUatement 2. Administrator and Executor 6. Grants, 3. Guardian 
id Ward 1% 20. Justices 15, 24, 27. Mills 8, 18. Kecognizanc* 
ad Rues 3. Taxes 33. Koads and Ferries 6. 

APPRENTICES. 

1762. C.5. % 

L §* 19. Where the estate of an orphan shall be of Who to 
small value that no person will educate and maintain £* ^J** , 
'kkn or her for the profits thereof, such orphan shall, by 
direction of the court, be bound apprentice, every male to - 
[feme, ^adesmaQ, merchant, mariner, or other person ap- 
[Jfrored by the court, until he shall attain to the age of 
, twenty-one yraTs, and every female to some suitable em* 
floymetit, till her age of eighteen years; and also such 
court „ may, in like manner, bind apprentice all free base* 
btm children ; and every such female child, being a mu- 
latto or mustee, until she shall attain the age of twenty- 
t»e years :* And the master or mistress of every such 
apprentice shall find and provide for him or her diet* 
clothes, lodging* and accommodations, fit and necessary i 
and shall teach, or cause htm or her to be taught to read 
Sod write ; and at the expiration of his or her apprentice- 
ship, shall pay ere ry such apprentice the like allowance 
a* is by law appointed for servants by ^denture or cus- 
tofla, and on refusal shall  J>e *c6thpetlea thereto in like 
Banner ; and if upon complaint made to the inferior 
tpurt of pleas and quarter sessions, it shall appear that 
acy such apprentice is ill used, or not taught the trade; 
profession, or employment to which he or she was bound* 
it shall be lawful for such court to remove and bind him 

<w her to such cither person or persons as they shall think 
it 

II. $ 20. ^ The binding of such apprentice by order Binditig 
of court as aforesaid, shall be by indenture made in the howtobe * 
tame of the presiding acting justice of the court, and his 
weeessors, of the one part, and of the master or mistress 
to whom he or she shall be bound, of the other ; which 
indenture shall be acknowleged or proved before such 
court, and recorded, and a counter part thereof shall re- 
gain and be kept in the clerk's office, for the b enefit o£ 
&&eh apprentice ; and that any person or persons injured 



2$ *"' Al¥RENf ICES. 



, may and shall, at his or her costs and charges, prcjsefctrt 

i a suit theteon in the name of such justice or his successoi 

| and recover all damages which he or she may have suj 

I taitied by reason of the breach of the covenants therei 

contained ; and if any verdict or judgment shall pass fc 
siich Piaster or frilstress, he or she shall recover costs. 

1796. C. 28. 

III. Where any person shall desert his family*, lea? 
Children ing them without a sufficient support, and be absent fror 

deserted, them for the term of one year, or where application ma 
bouitdAp* k* nr&de to the wardens of the poor for relief , and the sal 
prentice, wardens shall certify the same to the court, the just ce s o 
the several courts of pleas and quarter sessions withii 
this state shall have power at*d authority, and are hercbi 
required^ upon complaint being made to them of any fa 
nrtly being so deserted^ to bind out to proper and fit per 
sons the child or children which may be left or deseited. 

1812. c.13. * 

IV. If any apprentice who sha!l be well u$ed by hit 
master, and who shall have received from his said mastei 

A en* not less than six months' schooling, shall absent himself! 
tkes liable after arriving to the age of eighteen years, from his mas- 
to dama- ter's service, before the term of his apprenticeship shall 
^ esfop have expired, every such apprentice shall, at any time: 
♦way! thereafter, whenever he shall be found, be compelled to 
shake satisfaction to the master for the loss he shall have 
sustained by his absence from his service before the time 
of his contract shall be fulfilled ; and in case any appren- 
tice shall refuse iQ make such satisfaction to •his mastei) 
such master may recover by warrant issued and return- 
able before any justice of the peace, such satisfaction, not 
exceeding thirty pounds, as sttch justice may determine, 
shall be made to such master by such apprentice : or such 
master may maintain his action on the case against such 
apprentice and recover his damages as a jury may award, 
m any* court having cognizance thereof: Provided* that 
the judgments of any justice upon a trial under this actf 
shall be subject to the same right of appeal or stay of exe- 
cution as in other cases of judgments by justices of the 
peace : Provided also, that no apprentice shall be com- 
Cxcepton. p e ]i ec i i Q make any satisfaction to any master after the* 
expiration of seven years, next after the end of the termf 
for which such apprentice shall have contracted or shall 
have been bound to serve ; any thing herein contained # 
the contrary notwithstanding. 



r 



ARM1 97 



ARM<> 

1812. U 12. 

L $1, The arms already received under said law of 
fcgrcss {for arming the militia of the United States) as Amg a . 
4 quota of this state, shalfrbe distributed in the following tiibutfd. 
aaontrr, mat is to say : To each of the counties of Cam- 
in, Pasquotank, Perquimons, Chowan, Gates, Hertford, 4 
Berit, Northampton, Martin, Halifax, Washington, Edge- 
comb, Pitt, Beau ort, Hyde, Craven, Carteret, Sampson, 
Cumberland, Brunswick, Columbus, JjEladen, Jones, Du- 
pin, Lenuir, iJa)WO)d, Buncombe, sixty -fouV stands of 
anus ; to the coui.ty of New-Hanover, one hundred and 
twenty ti^ht ; to the counties of Onslow and Currituck, 
nioet\ s x each ; to the county of Wake, eijjhty-two 
Hands of arms ; Provided always, that nothing contained 
io this act shall be construed to extend to the arms al- 
ready uisiritiuted to and among the independent and mi* 
Etia companies of the town of Fayettevile. 

II. $ 2. The. governor of this state, shall forthwith 
cause the quota of arms by this act assigned for each of Extcutlrt 
the before mentioned counties, to be delivered to the*?* 08 * 
colonel commandant thereof, to be by him placed in the t0 ^ e d^ 
bands of such company of militia of the said county as he livared^ 
nay think fit; and the said colonels commandant shall 
take the necessary measures and give the necessary orders 
for keeping the said arms safe and in good order ; & where 
there now are, or hereafter may be, more than one colonel 
commandant in any one county, and they cannot agree in 
which company's hantfs the said quota of arms shall be 
placed, they shall a: ply to their immediate brigadier gene- 
ral, who shall direct to which company the said arms shall r 
be given. 

II L § 3» When and as often as this state shall re- IKstribu. 
teive any other quota of arms under the said law or any torn of the 
other law of the United States, the governor of this state i f tei . to b<f 
for the time being shall cause the same to be divided received, 
amoog the following counties, to wit: Tyrrell, Greene, 
Nash, Wayne, Johnson, Rutherford, Franklin, Warren, 
Granville, Robeson, Richmond, Moore, Montgomery^ 
Anson, Mecklenburg, Lincoln, Burke, Ashe, Wilkes, 
Iredell, Rowan, Cabarrus, Randolph, Chatham, Orange, 
Person, Caswell, Guilford, Rockingham, Stokes, and Sup- 

; to each sixty-four stands of arms ; giving priority in 

e said distributions in the order in. which the saijl , 



i 



' 



counties are herein enumerated, and giving to each covui- 
• \U whole allotment of sixty -four stands ol ^ina ?% 



$$ ARMS. 

one time ; and the said .arms shall be disposed of bjr 1 
commanding officers of the respective coon tie 8 abc 
enumerated, - in the manner herein before directed, - a. 
tinder the same responsibility* 

IV. § 4. When by the distribution aforesaid sixi 
Concern four stands of arms shall have been allotted to each cou 

ing the ty^ so a8 completely to equip one company therein, th 
fame. ^ gQ Vernor f or t h e time being shall proceed in like ma 
ner, and under the same rules and regulations, to equ 
another campany in each county, giving priority in t 
said distributions to the different counties in the order 
which they are herein enumerated. And shall in lii 
manner, and under the same rules and regulations, pr 
ceed in equipping one company after another in ea< 
county, until the whole militia of this state are armec 
Provided always, that when the number of stands of arn 
delivered to any county shall be equal to the number < 
the militia therein, the said county shall be entitled to x 
further distribution of arms. 

V. § 5. Every non-commissioned officer and pri vat 
belonging to any company so equipped, shall keep and prj 

Penalty serve his arms and accoutrements in good order, and l 
fcr ibu- a soldierlike manner; and for every refusal or neglect t 
j£2_ d° so » shall be fined by the court martial of his com pan 

"* ™ a sura not less than two dollars nor more than ten dollars 
which fines, and all other fines imposed by said court mar 
tial, shall be laid out and expended, under the directioi 
of the captain, in procuring and preserving cartridges 
and for other military purposes : And if any of the com 
panies so equipped shall generally keep their arms in f 
negligent and unsold ierlike manner, the court martial o; 
the regi'ment to which such company belongs sh-ill anc 
may deprive said company of the public arms and accoit* 
trements, and bestow them on some other company be* 
longing to the said regiment, which last mentioned com- 
pany snail receive and keep the said public arms and ac- 
coutrements on the terms and under the regulations pre- 
scribed by this act. 

VI. § 6. If any person or persons to whom the puV 
Finear#|j c arms aiu | accoutrements, or anj r of them, shall be con- 

ment for" fided, shall sell or in any manner embezzle the same or 

i elhng any part thereof, and be thereof convicted in any court of 

fcrms. record, he or they shall forfeit and pay, by sentence p* 

the said court, for the use of the state, a sum not less 

*han twenty dollars nor more than $fty dollars, for every 

stand of arms and accoutrements so sold or embezzliff 



r 



1 



T" 



ARM* accounts: 



29 



%haH ifcoreovcr be imprisoned for a period not less 

one month nor more than twelve months : And 

it person or persons purchasing any of the said public 

and accoutrements, knowing them so to be, shalL be 

Lted in the same manner, and shall on conviction 

rkablc to like penalties and imprisonment as the seller 

jmbczzler thereof* 

V1L § T. When any non-commissioned officer or pri- 
fc. belonging to any of the. said companies, shall die, re- | ncase »j|i 

from the county, or be excused from performing death. 
itary duty, it shall be the duty of the captain of the 
iny to which he belonged immediately to take the 
and accoutrements of the person so dying, removing, 
excused, into his possession, and deliver to whoever 
succeed thereto, in the said company ; and the said 
tain shall keep the said arms and accoutrements safely 
id in good order while they remain in his possession* 
VIII* $ 8. The governor shall have power to order * 

colonel commandants of those counties where any 
the arms may be distributed, to place the same in the 

Is of any detachment or detachments of militia of this mentsto 1 " 
te. ordrred into the service of the United Stales during be turnishu 
present war with Great Britain, if the same be deemed cd - 
him necessary. 

1818. C. 2. 

IX. The public treasurer shall be, and he is hereby 
ithorized to borrow, for the use of .the state, from one 
} pt more of the banks established in the state, the sum of Purchase 
'ttremy-five thousand dollars, which shall be expended oiarm *M 
1 fader the direction of his excellency the governor in the 
(purchase of arms and munitions of war ; and in providing 
Wher means of public defence other than fortifications. 



ARMY ACCOUNTS. 

1792. C.4. 

L v$4. The comptroller shall, on the receipt thereof^ 
[{that is to say, lists of the names of the officers, non-com* 
usioned officers, and privates, and others, who had their 
founts settled at Halifax in 1783, with the sums drawn 
}n due bills and certificates^ and by whom drawn and' re- 
Xtipted for ; also a list of the names of the officers, iton- 
\tmmissioned officers, and privates, and others, who had 
their accounts settled by Hawkes and Coorc of Nezvbrrn y 
\.sr at any other fymc, by any board or boards, or by rcso- 
\titn of the General Asseanbly / distinguishing the sums 



[ 



r 



$Q ARMT ACCOUNTS. 

drawn, and by whom drawn or receipted for, exctyt 

_. only drawn at Warrcnton in 1786), immediately pre 

fee made' to arrange the names therein contained for pay due t 

out. in alphabetical order, and annex to the said jnames 

pectively, the sums drawn, distinguishing the due 

certificates, and final settlements in different column! 

gether with the name of the . e son who receipted foi 

drew the same, and include in the said lists so by hi 

be arranged, the settlement made at Warrenton, i 

year 1786, and the settlement made at Hillsboroug 

the present year, distinguishing each of the said si 

snents by a column containing Ha. for Halifax, H 

Hillsborough, XT* for Newbern, W. for Warrentofl 

for Resolution of the General Assembly, and 90 qo 

which list by him to be made out, he shall also inc 

the final settlements delivered by the treasurer, bj 

late comptroller, and by himself. 

Copiesto 11. £ 5. When the comptroller shall have made 

ed in P the " tne sa *^ ^ st » **e *hM ^ave one hundred and twenty gc 

clerk's of- printed at the expense of the state, and transmit tw< 

fise. pies thereof to the clerk of each county court respecti 

within the state, one of which copies shall be kept b] 

clerk as a record in his office, and the other shall be 

ject to the inspection of any person willing to. examiro 

same* 

Copies of **'* $6- The copy of the said list, so to be kej 

li«istvi. record, shall bj taken and deemed as evidence in alii 

44.net. which may arise in the premises between individuals ; 

the defendant m^y, in all cases when suits shall 

instituted against him for such due bill, certificate, 

final settlement, said in the said list to be drawn by 1 

have leave to produce evidence that the same was 

drawn by him, or if drawn or receipted for by 1 

have leave to produce evidence that the same was dn 

by proper power or transfer, or that the same had b 

finally settled with the real claimant. 

181^. C 3. 
In case of ^* * n tne ev ^nt of the militia being called into 
Iwatfiou. service of the state, at anytime or times during the j 
one thousand eight hundred and fourteen, it shall be' 
duty of the public treasurer, under the direction of 
excellency the governor, to borrow of one or more of' 
banks in this state, such sums of money as in the opic 
of his excellency, the exigency may require for the p< 
chase of supplies for the militia thus called into servi( 
Provided,' that the whole sunt to he borrowed during I 



^ fe^atOU<>»isvO> c/ty X*, f^ <~ y A 



ABMlES^-ATTACHMENT. 31 

[year forAis purpose, shall Dot exceed fifty thousand * 
and shall be borrowed at a rate of interest not 
six per centum per year, and shall be reim- 
at such times and in such proportions as shall be 
ion between the public treasurer and the said bank 



ARMIES. 

BIU Of EIGHTS. 

If. The people have a right to bear arms for the 
of die state; and as standing armies in time of 
are dangerous to liberty, they ought not to be kept 
and that the military should be kept under strict sub" 
ion to, and governed by, the civil power* 

See Legislature 8. 



ARREST. * 

Bail £ Members of Assembly 33. Presentment 2. Warrant* & 

ARREST OP JUDGMENT. 
flee Practice 8, 18. Superior Courts 1, 

ASSEMBLY. 
See General Assembly. Legislature; 



AS3ETS. 
! Adsjaaistrator and Executor 14, 1 8. Lands 1 1, 14. Widow 6, 1% 

ASSIGNMENT. 

W 3. Guardian 9. . Limitation & Notes, Bonds, and Orders 1, ?, 
»\5. Pilots & Practice 22. Prisoners 3. Secretary 5. Slaves 
£w Soldiers & Superior Courts 14. 

ATTACHMENT. 

1777. C. 2. 

I* $ 25. Upon any complaint being made, on oath, How, by* 
any of the judges of the superior courts, or to any justice ^J^*""* 
any of the county coiirts, by any person or persons, his, cascs , to 
, or their attorney, agent, or factor, that any person be obtain- 
removed or is removing him or herself out of the <ui# 
ityfprivatelyi or so absconds or conceals him or her- 
f, that the ordinary process of law cannot be served on 
debtor; and if such plaintiff, his, her, or their attor- 
fcy, agent, or factor, further swears to the amount of his, 
Irr, or their debt or demand, to the best of his, 
kr, or their knowledge and belief, ic <4iaU be lawful 



$& - ATTACHMteirr. 

for each justice, and he is hereby empowered 

required to grant an attachment against the cstat 

such debtor, wheresover the same may he found 

in the hands of any person or persons indebted to, 

having any of the effects of the' defendant, or so n 

thereof as shall be of value sufficient to satisfy the j 

or demand and costs of such complaint; which attache 

shall be returned to the court where the suit is cogn 

ble, atid shall be deemed the leading process in such 

. tion, and the same proceedings shall be had tbercpi 

on judicial attachments. \( 

Attach* U' §26. Provided always, that every such jus: 

Ihent bond before granting such attachment, shall take bond 

4o be ta- security of the party for whom the same shall be issi 

his, her, or their attorney, agent, or factor, payable to 

defendant, in double the sum for which the compl 

shall be mack, for satisfying all costs which shall be aws 

edto such defendant in case the plaintiff ehall be cas 

the suit, and all damages which shall be recovered aga 

the plaintiff in any suit or suits which may be brou 

Dpainst him for wrongfully suing out such attachme 

which bond, together with the affidavit of the party c< 

plaining,- subscribed with his proper name, shall be 

turned by the justice taking the same to the court to wh 

the attachment shall be returnable ; and every attachm 

issued without bond and affidavit taken and returned 

aforesaid, shall be abated on the plea of the defendant 

Attach- in. § 27. When any person who shall be an iri 

rains*" bitant of any other government, so that he cannot pers 

Jbreigners. ally be served with process, shall be indebted to any p 

son a resident of this state, and hath any estate within 

same,* any of the said justices may grant an attachm 

against the estate of such foreign person r under therul 

restrictions and regulations before mentioned, and 

same proceedings may be had Aereon. 

Replevin. IV. <§ 28. When any goods, or other estate' rfiall 1 

a tac e jby virtue of an attachment, whether judicial 

original, it shall and may be lawful for the defendant 

defendants, his, her or their attorney, agent or' factor 

Replevin re P^ vv l ^ e same, by giving bond, with sufficient stcunl 

bondXIT, to the sheriff or other officer serving such attaching 

V. which said bond the sheriff or other officer is hereby eJ 

powered and required to take, to appear at the court 

which such attachment is returnable, and to abide by, J* 

form, and satisfy the order and judgment of such com 

and when the estate attached shall, by three ju&tice* < 



\ 



• •> - « 



. 



— -*<*> *e . Ma 



» *«« *  



ATTACHMENt. 



& 



county court, to £c summoned by the sheriff fof jt1\at , 
be certified on oath to be perishable, and the 
or persons to whom it . belongs, his, her, or their 
, agent, or factor, shall not within sixty days tf* . I 
serving of such attachment,' replevy th#Bame, then Mi* 
estate shall be sold at public vendue by the sheriff or 
office*-, he b>virig fifst advertised such sale at the 
use and othe? public places in his county, at lease * 
days before thebaic ; and the njoney arising by such 
dull be liable to the judgment obtained upon such 
chment, abd deposited in the hands of the clerk of 
court to which the process shall be returnable, there 
^it the event of such judgment ; and whefetBe shc<- 
"" or other offiecr shall serve } an attachment in^tho 
of any person or persons supposed to be inAebt* 
to, or Supposed to have any of the effects of the ^ 

conding or residing but of this state, he shall at 
same time summon such .person or persons M gar* 
bee or garnishees, in writing, to* appear at the court to >, 

ich the attachment shall be returnable, within the first ° m }£*£ 
days of the first term thereof, fhefe to answer upon 5Jy ^ v / 
what bet of she is indebted to the defendant, and 
t effects of the defendant he or she hath in his or her 
s, and had at the time of serving sueh attachment, and 
effects or debts of the defendant there ^re in the 
ds of any other and what persons, to his or her know* ^ 
ge and belief; and where any attachment shall be serv* 
m the hands of any garnishee in manner aforesaid, it 
be lawful, upon his or her appearance and examina* 
to enter dp judgment And award execution against 
such garnishee, for all sump of moi\ey due to the de* 
it from him or her, and for all effects and estate of 
ptykind, belonging to. the defendant in his of her pot- 
ion or custody lor the use of the plaintiff, or so much 
of? as shall be sufficient to Satisfy thetlebt and costs, 
all charges incident on levying the same : and All Garnishes 
as and effects whatsoever in the hands of the garnishee failing to 
garnishees, belonging to any defendant shall be liable sppe»r» 
satisfy the plaintiff *s judgment, and shall be delivered 
the sheriff or other officer serving the attachment; and 
here any garnishee shall be returned by the sheriff or 
her officer, summoned in manner aforesaid, and shall 
1 to appear and discover on oath, as by this act directed* 
skill be lawful for the court after solemnly calling the 
mice, and sfech cdlirt is hereby authosiled and re- 



«$T AttAchm£vt. 

quired, to enter a conditional judgment against sticn gd 

_ . ui&hee, and upon such judgment so entered, a scire faci 

c i Mw ifC shall issue against such garnishee, returnable to the ne 

term to s^W? cause, if any he hath, why final judgme 

should not Be entered against him ; and upon such scire i 

cias being duly executed and returned, if such garnish 

shall fail to appear at the next term, and discover on oa 

in manner aforesaid, the court shall confirm such jud 

inent and award execution for the plaintiff 's whole jud 

ment andr costs ; and if, upon the examination of any ga 

'nishee, it shall appear to the court that there is any of t] 

defendant's estate in the haqds of any person or persoi 

Judicial w h have not been summoned, such court shall upon%i 

ment par. tioii of the plaintiff grant a judicial attachment, to be Ievk 

V. vijfc in the hands of such person or persons having any of tl 

^ ' estate of the defeadatif in his, her, or their custody < 

possession, who shall appearand answer, and be liable i 

other garnishees^ , 

V. $ 30. Any persbn against whose estate any att4cl 
ttient hath issued as aforesaid, his or her attorney, agen 

Replevy or factor* 9X an y time before final judgment entered, < 

Ebndmay writ of enquiry executed, upon giving special bail, ma 

be given replevy the estate sor attached and plead to issue, so thi 

beforefi™ Cth « plaintiff is not ^ thereby delayed of his trial. Prt 

naijuta, vided also, that no judicial process shall be issued again 

meat the estate of any person residing without the limits' of thi 

state, unless such process is grounded on an original ai 

tachment, or unless the leading process in the suit hi 

been executed on the person of the defendant when with 

ifo the state. 

VI. $ 31. The attachment shall be in the fbllowiq 
form :— 

The State of North-Carolina. 

To €te Sheriff of County, greeting. 

Whereas A B [or A B, attorney, agent, or factor, as the cu 

Form of may be, of C D] hath complained, on oath, to , esquin 

tRep&Uch -justice of the superior court of law, or of the. county court of 

ment that E F is justly indebted to him,, [or to the said A B] to'tK 

amount of ' ; and oath having been also made that the sal 

£ F hath removed, oir is about to remove himself out of your countj 

or so a&conds ofllonceais himself that the ordinary process of Ul 

cannot be sefved on him [or is an inhabitant of another governroefl 

if the case is so] and the said having given bond and secur 

according to the directions of the act of the General Assero&j 

such case made and provided : We therefore command! yojt» » 

you attach the estate of the said E F, if to be found in your* fc 01 *^ 

or so much thereof, replcviable on security, as shall be of vaW 

-sufficient to- satisfy the said debt and costs, , according to the cow 



r 






, 



ATTACHMENT. £5 

ahjDt, and such\estate so attached, in your hands to secure, or sq 
t» provide that the same may be liable to further proceedings 
txreopoo, to be had at tfte court to be held for , at , on 

At day of next, so as to compel the said E F to appear 

fed answer the above complaint of the said , when and where 

m shall make known to tne said court how you shah have execu- 
ted tais writ. Witness , esquire, justice of the said court, 
j? , the day of , ia the . year of American In- 
dependence. 

Which attachment shall be signed apd sealed by the. 

Etke granting the same* And the bond, to be given On 
lining such attachment, shajl be in the following form* 
to wit: # f 

Know all men bj these presents, that we ^ all of th^ 

toonty of , are held and firmly bound unto. t in the sum 

of , to be paid to the said , his certain attorney, execu- y orm & 

tors, administrators, or assigns* for which payment well and truly attach* ' 
taae made, we bind ourselves, and each of us, our and each of our meatbonft,' 
hops, executors, and administrators, jointly and severally, firmly by •  

tfcese presents. Sealed with our seals, and dated the day q( . 

, in the year of our Lord , " •' 

The condition of the above obligation is such, that whereas the 
shove bound hath, the day of the date hereof, prayed an at- 

tachiaeat at the suit of , against the estate of the above name^, 
, for the sum of , and hath obtained the same, return* 

able to the court to be held at , on the day of 

nex'. Now if the said shall prosecute the said suit with ef- 

fect, or in case he fail therein, shah well and truly pay andsfe~_ 
n*Jr to the said , all such* costs and damages as shall be 

awarded \uid recovered against the said , his neirs, execu- 

tors, or administrators, in ariy suit or suits which may hereafter be 
brought fur wrongfully suing out said attachment, then the above 

obligation to be void, otherwise to remain in .full force and effect, 

% 

§32. No attachment shall be abated for want of /orm, , 
if the essential matters expressed in the foregoing ]?rece* 
$cnt be set' fortn in such attachment* Not «&** 

VII. § 33. In all suits commenced or prosecuted by ted * >p - 
attachment against the estate of persons residing out of form, 
the government, the court to which the same shall be v 
Vonght shall stay all proceedings in such suits, for so long 
* time as they may think necessary, not exceeding one • 
year from the time of the return of such process ; and pjoceedV 
*hcre it can be conveniently done 1 notice shall issue ings stay* 
from the court to the defendant, and if the defendant cd. 
appear, put in bail and plead within the time limited for 
his appearance, in such case his estate shall be liberated* 
¥"1 the garnishee discharged; and it shall be lawful for 
$* JWT to give in damages legal interest upon the plajffe ~ 



w 



ATTACHMEItP. 



tiff r s recovery, during the time of such extraordinary 
tinuances, even in cases where interest is got usualh 
lowed id the courts. 

Villi $ f9. The same rules, methods, and proc< 

, ings shall be had, kept, and observed, by the said coi 

tfanerules eOQrt8 f p] ca8 and quarter sessions, and the officers th< 

served in °f» * n g rant i n g> issuing* executing, and returning proc< 
county as and awarding • judgment oti judicial attachment?, and 
•"J*!?* like refhedy, recovery, and relief, against the sheriffs . 
i . bail, *s in like cases are provided by law \n suits depei 

• ing or to be commenced in*ihe superior eourts of law. 

s ' 1793. C. 16. 

IX. $ 1. ^yheneyer any garnishee shall on oaj 
confess that he or she has in hi* or her hands any jfropq 

Wme oTty of the' defendant of a specific nature, or is indebted 1 

owing spe- such' defendant by any Security or Assumption for the paj 

eific arti- men t or delivery of tobacco or other specific article, thai 

x**; and in either of these cases, the court before whom sue 

garnishment shall be made, shall immediately order a jur 

to be impannelled and sworn' to enquire of the vttiue of si^ci 

specific property, and the verdict of such jury shall sub 

ject such garnishee to the payment of such valuation, or si 

much thereof as will be sufficient to satisfy the dt be o 

•damages and costs of the pasty a.t whose instance sue] 

' garnishee shall have been* summoned : Provided alyays 

that such garnishee, who may on oath confess that he <» 

•he hath in his or her hands any specific property of tb< 

defendant, as left or deposited in his or her possession b] 

such defendant, may always exonerate him or herself b] 

delivering such property to the sheriff who levied sucl 

attachment, or may levy the execution issued thercos 

and the party suing out touch attachment 'shall' not be ai 

liberty to issue spell execution against such garnishee u» 

til thte court next following such garnishment* 

X. § 2« When any garnishee shall be called into court 
. . and on his or her garnishment shall deny that he or sh« 

deT?n*h* OWC8 to °* ^ as * n ° r ^ e ^ ^ nc ** an y Property of the de* 
owes or fendant, and the party plaintiff in such attachment, shal 
hu pro- on oath suggest to the court that such' garnishee owes ty 
2^» i§ " or has property in his or her hands belonging to the d* 
tnsJctip< fendant, or when any garnishee shall on his or her g» r- 
nishment make such a statement of facts that. the court 
befofe whom such garnishment shall be made cannot pro- 
ceed to give judgment thereon, then in either of the* 
Cases, the court shall order an issue to be made up, wbidj 



-M..H 



> 



 p   — ^— 



T^V 



— * 



shall betried by a jury, and the court qhall gtvp judg* 
peat on their verdict as in other cq?f v 

XL $ 3. When* an/" person shall sue out an attach - 
Bent and the same%h|U be levied on property which shall 
be claimed by any other person, such claimant shall be at Inter*' 
liberty to interplead, first giving security for such costs P***-^ 
and damages as may be awarded against him, and shall 
at the sanjke time file a petition in writing,, setting forth 
Lfhe particular property claimed, and by iriiat right or 
P tide he claims the same, a copy of which petition shall be 
. served tm the party suing out such attachment at least 
, jen days before the ne*t court ; and at the court to which 
the return of such petition shall be madej the court shall 
! order a jury to be impannelled to enquire in whom the #> 

property is of such article or property as may be so levied 
upon, and the finding jp'f sUch jury shall be conclusive as 
to the parties (hen in court, and the court shall adjudge 
accordingly* ' 

XII. $ 6. '•The person or persons entering themselves Bail only 
ifecial bail on replevying property attached," shall only be liable for 
Wd liable to answer the value of the property which he, !j# c t j[ al ^, 
*be or they as aforesaid do respectively hold or have re- perty. ^* 
turned in the garnishment, and no more ; but the security 
pplcvying shall not avail themselves of paying the value 
of the property so replevied, unless such security shall at „ 

tte return term or session, move the court to empannel a 
jury to ascertain such value by enquiry, which enquiry the 
tcurt shall have executed on motion made as aioresaid, 
notice being given to the plaintiff in attachment, his agent 
or attorney, at least five days before such motion shall *b# 
made. 

XIIL 5 $• When any original or judicial attachment p^^ * 
atall be returned to- any court within this state, as levied fVe*!d^£ 
$on the goods and chattels, lands and tenements of any out of di<* 
person or persons residing without the district in which ^jct l0 J* 
such attachment has been issued, it shall be the duty of ^h^J*^ 
tHe clerk of such court to cause the same by public adver- uche& V 
tnement to be made known for # threc months next after the , *^ 

f return made as aforesaid ; and Until the said three months 
shall have expired it jhall not be lawful for such court to 
suffer any final judgment to be- entered upon any such at* 
Uchraeot. ^ 

1794. %C. 34. -.«, " 

XPT* $ 1, When any person summoned &s a garni* a 
fteti $hall upon his, or her garnishment, state that he or " 



■^F 



* 



* 

■* 



X& . ATTOBXEVf* • . * 

she is indebted to the defendant, by specialty ogpssut 

Specific tion, fur* the payment or delivery of any specific art* 

wiclesdue^,^^ natn cntcre( j r the same agreeable to ccntract, an 

nisix-e that it was refused by the defendant; or .that he was"ttie 

»»aybede-or had always been ready to deliferthe same, or that  

ii7JL ec Lit- bad such specific article at the time and place specified 

^ such covenant or agreement ready to be delivered,and fcr 

ne was still ready to deliver the same, and when such gs 

nivhment shall be admitted by the pjaintiffor found by 

jury, then, and in arty of the said cases, such garnish 

shall and may be exonerated by the delivery of such sp 

cific article or articles to the sheriff who levied the : 

tachment, who shall proceed as if the attachment h; 

been orginally levied On such article or articles. 

XV. §2. When any garnishee shall declare on 1 

Cnmirfie"* garnishment that the money or specific article due by hi 

debt not ' or her will become payable or deliverable at a future da 

vet paya- an # t ^ e sarne sna |i be admitted by the plaintiff or four 

by the jury, ihen and in such case, conditional judgnnc 

shall be enjered agninst such garnishee and the plaint 

waj' proceed to ascertain his demand by judgment agair 

„ Scire fic ? as the defendant, but shall not take final judgment again 

shmll is»uc sucn garnishee without notice by scire facias, on whii 

judgment tne plaintiff may proceed, as in other cases. 

See Guardian 13. Justices 13. Members of Assembly S3. Process 
/, 10, 11. 

ATTORNEY. 

1743. C. 4. 

-, I- . § 5. If any practising attorney in any court 

A l ? >c ? a i t ^t rccorc ' > * n t ' 1 * R P rovince i shall neglect to perform his du 

of duly. ' n an y action in which he shall be retained, or comra 

% any fraudulent practice, such attorney shall Jbe liable t 

an,action on the. case* at cqmmon law, in the genera} < 

county court of this province, to the party injured ; aT 

on tbe verdict passing against him, judgment shall be g 

ven by the said court, for. the plaintiff to recover doub 

* damages, with costs of suit. 

 1777. 0. 2. . 

II. $7. Every person who shall hereafter apply ft 

% admission: to practise as an attorney, shall undergo an e] 

A ^ cants nmination before two or more judges of tjie supetk 

to be exu- courts of this sta/e, and if such person* shall be found t 

suned. possess a competent share of law knowledge, and be 

peison of upright, character such judge^ sji'ali give hipa 



■• ^  •   i^ ^ ^ ^ ^^^^m^^^^mmm^^m 



• ATTOfiXE?. 39 

certificate* under their hands and seals to practice in any s T 
court of this state for which they may judge him ^ua-^ 
filled. 

III. $ **• No person coming into this state from any To reside 
other state, or fr&m any foreign country, with an inten?one jvariai 
tion to practise the law, shall by the said judges he admit- i luS! * ,!llc 
led to practise as an attorney, unless lie shall have previ- t u atlai^j. 
ously Tcsided one year in this state, or unless such persoii'sion, or u» 
shall produce to the said judges a testimonial from the l )l '° (l,Ke . 
cniei magistrate of such state or couatry, or irom some .^ 
•thtr competent authority, that he is of an unexevptiona- 

; Me moral character ; and all such attornies, before they 
ihall be admitted to practise in arty court, shall in open 
\ teurt, before the judges thereof , take the following oath ¥ 
1 [which see under Oaths ,"] and upon such qualification had, 
asd oath taken, such attorney, as Bellas those who have 
heretofore obtained licences, may act as attornies during 
their gooa behaviour. 

IV. $ 68. The county c6urts are hereby authorrsed 

and required to appoint an attorney, properly qualified, to County 

act for and in behalf of th! state in each respective county Solicn*. 

vithio this state, who shalr hold his office during good* 

behavior, and shall and may prosecute ail matters cogni* 

2ablc in the county court of pleas and quarter sessions 

therein he shall be appointed, for and iu behalf of this 

t 

1786. CM. ^ , 

Vi $2. It shall not be lawful for either plnirtiff of 
defendant to employ ,in any matter or suit whatever, more tt*n*W 
than one attorney to speak to any one suit in court ] and the- 1 ^*^* 
eonrts in this state arc hereby directed not to suffer more tosj.e.t to 
than one attorney a* aforesaid in any matter whatever, acua*<- 
to plead for either plaintiff or defendant to any suit uudcr 
die £eoaty of a violation of this act. 

VI. $ 5. If any* attorney or attornies shall presume 
[,<o ask, take or receive, directly or indirectly, any other 
or gpeater fees than are by this act directed in all civil **** ****** 
cases, it shall be deemed in such attorney or attornies a' 
misdemeanor in his office or profession of an attorney, Pointy 
and such maKpracttce being made known to any of the for tafc.i#, 
eourts within this stat<S, such court is hereby required to cV 4 ^ xal ~ 
direct the attorney general, or the solicitor on behalf rA ' *'"*' 
ftiis state, to carry on a prosecution by indictment for such 
aial-practice aforesaid ; and if any such attorney or at- 
tornies shall be thereupon cenvi'ted by the verdict of a 



40 . •  Attorney. # 

jtfry, of taking any other or greater fees than ty this ai 
are allowed, he or they shall, in the same court in whic 
such' conviction shall b£ had. be thenceforth dismisae 
from bis practice as ail attorney, for one year, in ever 
court of law and equity within this state* 
Shall file,* VII; $6. Every attorney, when einployed in an 
fleei&ra- suit in any of the courts of this state, shall file his deck 
tiftfc ration in the clerk's office, any time within the first thre 

days of the term to" which the writ is made returnable 
ana on failure thereof, such suit shall be dismissed by th 
coutt at the cost of the plaintiff, which cost being paid b; 
the said plaintiff to the clerk of the said court, he or the] 
paying such costs in consequence of a declaration no 
being filed in due time as aforesaid, may warrant such at 
&>rney fdr all costs by hipi paid as aforesaid ; and the to 
<ceipt of the clerk shall and may be given in evidence ii 
support of such claim : and the justice before whom suet 
Warrant shall be tried may give judgment and ifeue eXe 
cution thereon, and such attornies shall be further liahle tc 
*. ' the action of the plaintiff for auch damages. as he or the) 
may have sustained in consequence of such declaration nai 
having been filed as aforesaid,. 

1798. CIO. 

• . VI I L § 1. Every attorney in any of the courts of la* 
and equity in this state, who shall • claim to enter snap- 
To fi'e ft P e * r ance for any person or persons whatsoever in aqy o| 
power oi the said courts, shall produce and file in the clerk's ofct« 
itroraey. of the court in which he may so claim to enter an appear- 
ance, a power or authority to that effect, signed by the pert 
son or persons or some one of them, for whom he is about 
to enter an appearance, or by some person duly authorised 
in that behalf t Provided nevertheless, that where any at* 
torney in any of the said courts shall claim to. enter aij 
appearance by virtue of a letter to hint directed, wh< 
tfuph letter purport to a particular or general employmei 
it shall be necessary for said attorney to retain said lett< 
in hi 8 own possession and shall on production of saidle*j 
v %tv setting forth such employment, be allowed to enter W 

appearance ; and it qfeall be the duty of the clerk to no 
to that effect upon the docket. 

IX. $ 2. In all cases where an attorney shall fail 
% make appear his employmentby his client or clients in 8B 
jr*t to tp»suit or suits in any of the said courts, he shall not be *i 
ptar for a titled or allowed to enter an appearance to any. suit 




^ suits m said courts, and the same pioceedxng shall be 



-»"— '"»! 



/X 




o~< _ _ 









# J& JU, • % 4 AtJCtlONEftlOL ' f 41 

Acted* as & all cases where no appearance is entered *» 
h» doth belong. ***• ' ^ ^ ^. 

««Aspe*blO. Fees 17, 25. Imorresjpclrtant}.* Ostlis & Poor 23. 

ftsctiee 8; 18, 21. freseotmehtZ IProctsa 9»* Recognizances and 
>'mes 3. Sheriff 4. Taxe* 1& Weights sad measures & Count* 
Courts 14. Due Bills * 

ATTORNEY-GENERAL, 

1810. C.ft). 

f 4. It shall be the duty of the attorney general to at- 
tend on the said court, (thqtHs, the Supreme Court.) at ^J^f 1 !? 

mm. * « *-'• i»t^ * *• * i general to 

tbetr several sittings, for the purpose of managing fjie bu- attend tu* * 
tbes* od the part of the state^and that he shall receive premc 
tfjbe sum of twenty pounds for me additional duty requit- court * 
cdof him by die provisions of this act, to be paid by the 
Public Treasurer under the same rules, regulations and re* 
•frictions as heretofore prescribed by law* ' 

tt» Confiscation 18 BntXY-Takw 14. Escaped Fees 6. Frauds 1& 
tnpeaebmait 2, 4, $. Judges^, 2. Members of Assembly 14. Pri* 
hmti, Prisons and Stocks V&, Salaries 1. Superior Court 11. Tss* - 
tt6* Due Bills 8. 

AUCTIONEERS. ' 

lBOd. CIS. '* * 

L § 1* The comnrtMioners of the city of kileigh, 
ttd the towns of Salisbury, Hillsborough, Halifax Eden* 
ton, Washington, Newbern, Wilmington, and Fayette* 
tillc, shall hate power, immediately after the next elec- Aucttoa> 
tba after the passing of this act,%id from time to time, ^ e h °* 
Id appoint one or more, not exceeding three persons, to pointed* 
let as auctioneers, who shall give bond with two securities 
hi the sum of five thousand pounds, to be filed in the 
tkrl f s ofcee of the county in which said city and each of 
said towns 'are respectively situated : and the auctioneers 
•6 appointed shall exclusively have the right of selling by 
auction property of every kind, which shall be exposed 
for sale at auction in said city and towns respectively, 
except as herein after excepted. 

II. §2. Said auctioneers shall be authorised to de- 
tt&Dd and receive from any person Requiring their servi* 
«s, such commissions as they may mutually agree upon, 
and for want of such agreement not more than three and Their 
oat half per centum ; and they shall Ijeep a correct ac- commit* 
wont of ail sales by diem made, which shall at all times ,kma *** 
be subject to the inspection of said commissioners, or 
*7 person they may appoint | and also on the payment 

r 



of one shilling for*a searcl^ tp that of Any other pent 

* t interested therein, provided such interested person sha 

have no right to*exrfmin£ any part of such books exce; 

such as may tel&te to hS or her own particular concern. 

Auction- 4 III. § 3. ^Said auctioneers shall yearly, on such <Jj 

eerstopay^ ma y b e appointed by said, commissioners, respective! 

cent?* 1 account for and pay to such commissioners one per. ceo 

on the total amount of all sales made by them. 

. IV. § 4. If any or said auctioneers shall fail or r 

, fuse to account for and pay the proceeds of any sale t 

them made, it shall and tflay be lawful for the person « 

" Hemcdv t ^ ec ^ thereto to etrter up judgment in the county or si 

^h^reavic-periof court of the couniv in Which each of said city an 

tioneew towns at»e respectively situated, ten days previous ootk 

frflltoftc* being given to the auctioneer. But if said auction** 

shall deny the Tfrhole or any part of the claim of th 

plaintiff, a jury shall be impannelled iristanter to try ad 

issue made tip thereon; an^ the said auctioneers an 

plaintiffs respectively shall be entitled to sunynorf wli 

nesses to appear at the term or session in which notice c 

an intention to enter judgment shall have been givei 

Provided nevertheless, that nothing herein contained sha 

extend ox be construed to extend to any sale made.b 

order of any court, or by any sheriff, coroner, or coqstii 

ble, by virtue of his office, or of the goods and chattel 

of any deceased person or minor, or the sale of an 

goods and chattels the property of the vender. Provide* 

always, that this act shall not prevent any person froii 

selling his own property at public auction. 

. • 1816. C. 24. 

V.* So much of the above act as limits the number d 

auctioneers to be appointed and commissioned in the civ 

•>. .. of Raleigh, and the several toyns therein mentioned shaj 

neractre.be, and the same is hereby repealed : and the said coirf 

pjealed. missioners respectively shall have power to appoint sucl 

number of persons as they may deem necessary, posses 

" sing in the opinion of said commissioners the proper quaK 

fications to act as auctioneers. 

• * 

BAIL. 

»' ^TATB COKSTITOTTOir, AfcTTCLI 29. 

I. § 1« All prisoners shall be bailable by sufficient 
tWho are 8Ccur,l i e *« unless for capital offences, where proof as tnr 
takfcle. dent or the presumption great* 






+ 




i)fa*^ /fit. sfc/j-csy- <r4fa*~ ' 

ea^jZz^ jf/<s*^ eU^y £^7 * 



flu^L /I'^^'lt- 







4 



BAIL & 

1777. c^r 
IL $ 16. Where any writ shall issue from any of _ .. . 
1st superior courts, whereby any sherifF or other officer C iviUase* 
ifeall be commanded' to take the body of any person or on writs 
persons to answer to any action in any of the said courts, frora *}** 
such sheriff shall take bond, with two sufficient securities, "ouris?* 
k double the sum ior which such person or persons shall 
k held in arrest (executors and adrriinfstrators excepted) 
sod shall return such bond with the writ ; and in case the 
sheriff shall fail or neglect to^ take such ba}l, or the* bail , slicri ^: 
returned be held insufficient, on exception taken and en* JgJjJJ^ ^ 
fered the same ^rm to which such process* shall be re- stand spe£ 
Unliable, the sheriff having due notice thereof, he shall cialbaifc 
be deemed and stand as special bail, and die plaintiff 
miy proceed to judgment according to the rules herein; 
after prescribed. 

III. § 17. * All hail bonds returnable to any of the Aasiy 
said superior courts 'shall be assigned by the sheriff re» mea * <* 
turnin&the same* by indorsement thereon, in the follow-, 

jog form, viz» 

I, A B, sheriirt>f ' county, do hereby assign the within obli* 
gallon and condition to CD, the plaintiff therein named, *his exe- 
cutors, and administrators, to be sued fo%according to the statute* 
*n such case made and provided. In witness whereof, I have here* 
sMoset my band and seal, the # day o^ #^° tha^rear of our 
,4"a « ^s* 

And every sheriff failing to make siieh assignment. 
Aall be deemed, held, and taken as special bail, in the? 
tame manner as if no bail bond had been returned. 

IV. § 19. All bail taken according to the direction 
cf this act, shall be deemed, held, and taken to be spe- 
cial bail and as such liable to the recovery of the plaintiff* . 
tot the plaintiff after final judgment, shall not take out tf£n 
deration against such bail, until an execution be first re- are special 
tamed that the defendant is net to be found in his proper bail, 
county, and usttil a scire* facias hath be^ri made known to 

1 fa bail, which scire facias shall not issue till such exe- 
tmkm shall have been so returned ; and after return of * 
such execution against the principal, and scire facias, 
■gainst the bail, execution may issue against the princi-i 
r^» and securities, or any of them, or any of their estates, 
unless the bail shall surrender the principal before the re- 
tara of the- first %9fre facias, or shall appear and plead / * 

' «P* the tttitftf thereof. # • *" ^ 

V. $ 90. The bail shall hrePvibcfey; before -final 
^meiu obtjjuned against him, to surrender to the court Surrender* 



0:. . • *ah* 

from which the process issued, or to the sheriff returrupj 
such process, during the sitting of such court, or totht 
Sheriff in the recess of such court, the principal in dis 
charge of himself, and such bail shall any time befori 
such judgment had, have full power and authority to ar 
c rest the body of his principal and secure him until hi 
shall have an opportunity to surrender him to the sheril 
who made the arrest, or to the court to which the proccs 
was returnable, and such sheriff is hereby required to re 
ceive* such surrender and hotd the body of the defendan 
in custody, as if bail had never been given. 

VI. $ 21^ When any scire facias sMLll by the prope 
M^i^a Q ® cer ^ c fltfuroed to have' been made known to the bail 
try the" * n< ^ ^Y m conscauence thereof shall appear, they shal 
fame tern, be obliged to plead, and the issue shall be tried the sanv 

term to which the process was returned, unless suficien 

cause be shown to the court to the contrary. But tb 

frail shall not be admitted to.plead non est factum, unlet 

'they shall first file an affidavit of the truth of thqjpplea* 

VII. § 22. If any sheriff shall return ou a scire facial 
tfprinei-* him directed, that the principalis imprisoned by virtui 

falinusri- of any process civil or criminal, the court to which thi 
^» he scire facias is returnable, shall off motion of the plaintii 
detained or ° ai V yrder mA 4s rect t ^ t BUCn principal be retain* 
tilt he sa. where he or awe shall be a prisoner, until the plaintiff! 
* l f y th ff . judgment an4 costs shall be paid, or he or she otherwise 
fld^ent discharged by due course of law, a copy of which ordq 
^^ being served on the keeper of such prison, before sucj 

prisoner's releasement, shall -be a, sufficient authority fa 
Slyjl^. him to detain such prisoner until such order be complied 
t>ount to a with, and shall be deemed a surrender of the principi 
surrender., and a discharge of the ba&  • - 

VIII* $ 76* When any writ or process shall issuf 

to take the body or bodies of any person or persons, * 

Barton TO ^ wcr io any pjfciotiff i n any civil action. infamy counq 

ihlmtfo court o/' jdeas and^quarter sessions, the sheriff shall rt 

county sura therewith a bail bond with two sufficient securiti* 

^ >UrL 3 *** double toc sutn ^° r which the person or persons sbsl 

9 be held in arrest (executors and administrators excepted 

t» the clerks on or before the first day of every man, a* 

if the sheriff shall not return bail or the bail returned k 



held insufficient, upon exception takein^heretq and entefl| 
on the docket the same term to .which thermit shall 9 

that 



returnable, ssi&e4»ti0t> given that term to the sheriff t< 
justify, then a*d ia such, case the sheriff shall stand *fj 
be held as special bail, for the defendant and the plaiuffl 






A. 



i 



r 



> 



BAIL. 4# 



*oy proceed to judgment according to the rules herety . 
tfter mentioned, and the plaintiff, on recovery may t^ke 
oat' execution against the defendant or sheriff, or Ijoth. 
Pot if the defendant puts in bail before the time to plead, 
bf the rules hereafter mentioned, is expired (which see 
voder Practice) then the sheriff shall be discharged : Pro** 
tided also, the sheriff may surrender the defendant in 
discharge of himself at any time before final judgment • 
obtained against the said bail ' ' § 

179T. C.2. > 

IX. $ 4m Every sheriff frithip .this state*- or his le- Sheriff 
nl deputy, when he shall arrest the body of any person J 1 *? . lake 

P r/ r i. ^ r • • j ^ • • c *i_ bail in cm 

m consequence of the writ of capias issued to him by the u ^ n ^«^_ 
derk of any court of record, on and from an indictment 
previously found, it shall and may be lawful for the said 
sheriff or his deputy, if the crime charged i* bailable, to 
recognize the spd offender, and take bail in nature of a 
recognizance, for his appearance at the next succeeding 
court of the district or county where such offender ought 
Id answer, and yrhere such bill hath been found, to be 
guided and directed in this matter by {he same rules and 
ltgtilations as have heretofore governed justices Qf the! 
peace* 

1798. C. 19. * . To ball 

X, $6. 'Where any wrif shall issue from any coyr^ in usual ' 
thereby any sheriff or edber officer shall be commanded 9 * 1 ** 
to take the body of any person or persons to answer to 
•ny suit brought for recovery of any forfekure arising • 
under any penal statute of this state, such sheriff or officer 

' intake bond with two "sufficient securities, in double 
the sum for which such person or persons shall be held 
is arrest, and shall return sgch bond with the writ ; and 
ia#case any sheriff shall fail or neglect to take such bai!^ 
or the bail be insufficient, on exception taken and entered 
the same term to which such process «hall be returnable, 
the sheriff or other officer having notice thereof, \he shall 
he deemed and /tand as special bail ; and the said bail 
\gm& shall be endorsed by said officer m the* mode pre- 
scribed by law for assignment of bail bonds : and the said 
kail shall be subject to the same rules, and fkble ia the 
moe manner as bail taken in civil cases.' * 

«e« Attachment 12. tbdictnfnt 4. Justices 8, 10, 1}, 20. Practice % 

BANISHMENTS. 

' r * ' 4<*. fo qgcett ti oqa, 



*& BANK. 

BANK. 

l?tSi. C. 15. 

, I. 5 1. Whereas Congress, on the 26th May 

-did, from conviction of* the support which the finance 

*of the United States would receive from the establishmet 

of a national bank, approve a plan for such an institution 

• and whereas a subscription thereto was filled and a presi 

^Icnt and directors chosen from the expectation .of achai 

I tcr of incorporation ; apd as the exigencies of the Unite 

States rende% u indispensably necessary that such an *c 

of incorporation should be passed, and the Congress < 

the United States have been pleased, by an or 4 banc 

dated the 31st December 1781, to incorporate, as wc 

those who then were, as those who thereafter might bj 

come subscribers to the said bank, by the name and atyi 

of the president, directors, and company of the bank c 

Nor th- America ; and it is the interest* of the Unite 

Stales thai the faith of the said bank shoald be preserve^ 

II. $ 2. The* said ordinance of incorporation shqj 

Bank of be held and deemed valid and effectual to all intents an 

?.'■ V e r u *purpose8 as if the same had been passed by a» act of U) 

General Assembly ox this state* . 

. "* 1804. C.31. 

Bank ©f* ' HI. § 1. A bank shaU be established in tha town < 

Captfta&r Wilmington, the capital 3tdckv>f which shall not exece, 

establish* two hundred «nd fifty thousand dollars, divided into share 

i^iul °f onc hundred dollars each'; but in the mean time, sut 

Sxodk. scriptions ISWards constituting one hundred thousand dq 

lars of said stock shall be opcfie^l ; that is to say, aflMfi 

mington on the first Monday in April nejjt, for five ^ 

dred shares, lender the superintendance of George Hoof 

er, John London, John HUT, John Hogg, Richard Brj^ 

ley, William Gries, and Henry Watterp ; and on the saa 

day at Fayette vi^e, for five hunted/ shares, under t|j 

Sufacrip-superinten dance of John Winsiow, David Anderson, WJ 

«•>•«£ be liam tt# Grove, Duncan IVM-eran, Robert Hoiliday, Peti 

°p«" Perry, ai«l Simeon Beiden* And a majority of said coa 

naisfeioners, at the places above' mentioned re%ectiv«4j 

shall be Sufficient to perform the duties of their appojol 

•merit; and it shall beicompetent. for the ^corporation crcji 

ted by this act, to proceed to fill up, in whole or jn pa^l 

the remaining fifteen hundred shares, by subscriptions t> 

be opened at the above places respectively, at such tin 

and under such commissioners as they may appoint, gir 

ing three months notice theM»Q£i& the Wilmin^ton } Net 

bern, and State Gazettes. ; 



. 
























V , 



i . 



IV. $2. The amount of the share or shares subscri* g^^-* 
kd for, shall be paid by the several and respective sub- tl0ng to ^ 
icribers in gold or silver, one fourth thereof at the time paid m 
of subscribing, to the said commissioners, and one fourth 8° ul or 81 ** 
vithimsixty days after the said bant shall go into ope- 
istion, one fourth within one hundred and twenty days, 

one fourth within six months, to the bank directors When paid 
far the time being ; Provided always, that it shall be 
Inrfnl for any subscriber to pay the whole of. his sub* 
ttription money, or any greater part than is. hereby re- 
paired before the time^limtted for the same j and each 
tod every subscriber so paying in advance shall have a 
&coun{at the rate of six per centum per annum on such 
advance, computing from thp commencement of the ope-* p . • 
•trion of the said bank j and any person or persons failing fn ^ t ^^^ 
to pay any instalment at the time herein appointed, shall to pay, 
forfeit to the corporation the sum or sums by him or them 
More paid, and shall thenceforth cease to be a member 
ItSereof ; and it shall be competent for the corporation 
to supply any deficiency occasioned by any such delin- ' j 
foency by sale- or otherwise, as tliey may deem proper. 

V. § 3« The subscribers to the said bank, their sue- 
ctssors and assigns, shall bemnd are hereby created and ty^'inco** 
fcade a corporation and body politic, in law and in fact, porated. 
iy the name and style of " The President, Directors, and 
Company of the Bank of Cape Fear," and shall so con-* 
timje until the first day of January, one thousand tight 
fendred and twenty, and by the name and style aforesaid* 
tikqr shall be, and are hereby made able and capable in 
k*,to have, purchase, receive, possess, enjoy, and retain, * 

§B themselves and their successors, lands, rents, tenements, 
(hereditaments, goods, chattels, and effects, to an amount 
t exceeding in the whole (including the amount of the 

1 stock aforesaid) six hundred thousand dollars, and * *: 
e s£m€ to sell, grant, demise, alien, or dispose of, to 

and be sued, implead and be impleaded, answer and . 
answered, defend and be defended, in courts of rtcord 
•r any other place whatsoever ; and also to n^ake, have, 
a common seal, and the same to break, alter, and 
at their pleasure, and also to ordain, establish, and 
t in execution, such by-laws, ordinances, and regula* 
as shall seem necessary for the gove foment of the 
*id corporation, not being contrary to the constitution ' 
<f this state or of the United States, or of the said cor- 
poration ;— for which purpose general meetings of the 
tockholdtrs shall and may be called by the directors, as 
i 

i • 



-^1 w~ 



4& kvjhc. 

hereinafter specified, and generally to do and esccilfth 

such acts, matters, and things, as to them shall and ou 

appear necessary ; subject nevertheless to the rules, r 

gulations, and restrictions, hereinafter declared and ft 

scribed* # 

VI. § 4. For <jhe well ordering of the affairs of d 

Eleven 3^;^ corporation, there shall be eleven directors, beh 

tobeeU*t. c * tl2ena °f t ^ s »**te, of whom at least seven shall be * 

cd yearly, sidents of Wilmington, or within fifteen miles therec 

elected yearly by the stockholders, at a general meetii 

to be held annually at Wilmington on the first Monday; 

January; Provided the* first je lection of directors sh^Il n 

bt included ip the before ntentiqped general regulation 

* but shall be held at the ttnsT and in the manned herd 

After directed ; and provided, that in case it should < 

any time happen that an election of directors should m 

be made on any day, ^vheQ pursuant to this act it ougl 

s to have been made, the said corporation shall not for th 

_. cause be dissolved, but it shall be law&fl, on any-othi 

^otittionis *^ a y Wlt kin. ten days thereafter, to hold and make an eta 

not to be tion for directors, in such manner at shall be regulated h 

absolved, t h e j aws an( j ordinances of the said corporation ; and th* 

be not ©. * n CSiSQ °f 'he death, resignation, or absence from the atal 
fected. of any director, his place *hall be filled Up by a new chou 
for the remainder of the year, by a majority of the d 
rectors. 

VII. §£• On the first cfciy of May next, and erct 

thirty days thereafter, if the subscription shall not t 

sooner closed, the commissioners appointed at Fayettevil 

Wanner shall transmit and deliver to the commissioners appoints 

Snathe* " at w »l«ningtoo ; a Jist of the several subscribers at sal 

sabscrip- place, and the share or shares to each and every subs x 

tion. ber belonging, together with the full amount of the sal 

scription money by the said commissioners received 1 

aforesaid ; for which amoiint the receipt in writing of tt 

Wben said commissioners appointed in and for the town of W2 

1* rot***' tnington, or a majority of them, shall be a sufficient m 

bed, bank " quittance and discharge t6 the persons respectively paj 

to g© into ing the same ; and ^s soon as the sum of twenty-five tbot 

•p«iioa. 8an( j dollars, \ n the manner aforesaid, shall be actual 

received on account of the subscription to the said capiti 

stock of the said bank, notice thereof shall be given by th 

commissioners appointed in and for the town of Wilming 

ton, is the Wilmington and State Gazettes, and the san* 

persons shall at the same time notify a time and pke 

within the said town, at the distance of twenty days bm 



^r— 



BANK. 49 

the time of such notification, for proceeding to the choice 
of directors ; and it shall be latoful for such election to be - 
then and there made, and the eleven persons who shall 
then and there be chosen, shall hi the first directors and 
shall be capable of serving until the first Monday in Jan- 
nary thereafter, or until their successors shall be duly 
elected I and the said directors shall forthwith commence 
the operations of the said bank at the town of Wilming- 
ton* 

VIII. $ 6. It shall be lawful for the corporation to 
establish a branch of said, bank, whensoever they shall 

think fit, at and in the town of Fayetttville, for the pur A branch 
pose of discount and deposit only, and upon the 8^nie^*^j^ e 
terms and in the same manner as shall be practised at the ed at Fay. 
bank in Wilmington, and to commit the management of eu«vilk. 
the s^id office or branch, and the making of the said dis- 
counts, to. such persons, under such agreements and sub- 
ject to such regulations as they shall deem proper, not 
contrary to the constitution of this State, the United 
States, or of this corporation. Subscriptions may be 
made in person or by proxies appointed in writing. 

IX. $ 7- The directors for the time being shal have j); rec t 0M 
power to appoint such officers, clerks, and servants under to app int 
them as they shall deem proper, and regulate their res- theofficers, 
ptrctive duties and compensation, and shall be capable of cler * 8 » &c# 
exercising such other powers and authorities as shall be 
described, fixed and determined by the laws, regulations 

and ordinances of the corporation. 

* X. $ 8. The following rules, restrictions, limitations 

and provisions, shall form and be the fundamental arti- «. '? n .^l 

t r *» « • r r • • • *m mental ar*~ 

des of the constitution of the said corporation : The num- tides of 

ber of votes to which each stockholder shall be entitled the consti* 
shall be according to the number of shares he shall hold, |? tl °" °£ 
one vote for each share ; they shall have a right to vote 
by a proxy, he being a stockholder : No director shall re- 
ceive any emolument : the stockholders may allow a sa- 
lary or other compensation to the President : No less than 
five directors shall constitute a board for the transacting 
of business, of whom the President shall always be one, 
unjess In case of sickness or necessary absence, he shall 
appoint by a written instrument a director to fill his place : 
A number of stockolders, pot less than twenty-five, being 
altogether owners of fifty shares, shall have power to de- 
mand a general meeting, and the President shall call one 
within thirty days after the communication of their n*- 

to 



~~ir 



5£t 



BANK. 

quest ; Every cashier shall give bond and security befof€ 
he esters on the duties of his office, in the sum of ten thou- 
sand dollars, and the other officers, clerks, or servants ot 
the corporation, shall give such security as the directors 
shall require : The stock of the said corporation shall be 
transferable and alienable, according to such rules and re- 
gulations as the corporations ha) I, from time to time, make 
for that purpose : Bills, bonds, and notes subscribed bjf 
the president and countersigned by the cashier, shall be 
binding and obligatory upon the corporation : Half-yearly 
dividends shall be made of such part of the profits pf the bank 
as shall appear advise able : The total amodut of notes emit- 
ted or thrown into circulation by the said corporation, toge- 
ther with their debts of 'every description, shall not at any 
time^exceed the sum of seven hundred & fifty thousand dol- 
lars over and above the monies then actually deposited in 
the bank for safe keeping ; and in case of excess, the di- 
rectors under whose <ad ministration it shall happen, shall 
be liable for the same in their natural private capacities, 
smd an action of debt may in such case be brought against 
them, or any of themy or their heirs r executors or admin- 
istrators,, in any court of record, by any creditor or* credi- 
tors of the said corporation, and may be prosecuted to 
judgment and execution ; any condition, covenant or 
agreement to the contrary notwithstanding: Provided, 
that any of the directors who may have been absent or 
have dissented from the resolution of act whereby such 
excess was contracted or created, may respectively exone- 
rate themselves from being so liable, by forthwith enter- 
ing their protest with and before a notary public, and to 
the stockholders at a general meeting, which they shall 
have power and are hereby required and directed to call 
for that purpose « None but a stockholder, being a citi- 
zen of this state, sballr be eligible as a director : The lands, 
tenements and hereditaments which it shall be lawful for 
the said corporation to hold, shall be only such as shall 
be requisite for hs immediate accommodation fn relation 
to the convenient transacting of its business, and such as 
shall have been bona fide mortgaged to it by way of secu- 
rity, or conveyed to it in satisfaction* of debts ppeviouslf 
contracted in the course of its dealings, or purchaser at 
sales on judgments which shall have been obtained for suck 
debts :» Nor shall this corporation, directly or indirectly 
deal or trade in any thing except bills of exchange, gold 
•r silver bullion, or in the sale of goods really and truly 



r 



BANK 51 

fledged for money lent and not redeemed in due time* or 
in goods the produce of its lands ; neither shall the said 
corporation take more than at a rate of a half per 'centum 
fcr thirty days, for or on account of its loans or discounts. 
XL § 9. It shall and may be lawful for the state of 
North- Carolina, at any time within three years from and state m*y 
after the passing of this act, to*become interested in said become is- 
bank, to an amount not exceeding two hundred and fifty te r1 s ^ k ' n 
shares of one hundred dollars each ; and On the payment U1 
into the said bank by the state for any shares she may deem 
it adviseable so to take, it shall be \ lawful thenceforward 
fcr the said corporation to issue notes founded on such 
extension of capital, in the S&pie ratio as is herein before 
prodded on the original stock created by virtue of this 
act. 

XII. $ 10. The commissioners appointed by this act Ahons?, 
for receiving subscriptions in the town^of Wilmington^ * c - ** bd 
•hall immediately after a sufficient number of shares are ** 0Vl 
taken, provide a house for carrying on the business of 
die bank, together with all necessary paper, stationary, . 
vauks and utensils suitable to the same, so that as soon as 
the directors are chosen* the operations of the said bank 
may be immediately prosecuted and carried into effect* 

XII{. $ 11. Repealed. 

XIV. $ 12. Nothing herein contained shall be con«* 
•trued to give to the bank by this act created any pre- 
cedence or preference to any bank which the legislature This hank 
nay at any time hereafter establish at the towns of Wil-™J£^ 

• ■'__ ,. t • . preference 

nungton and Fayette ville or elsewhere; and the said to any state 
bask by this act established may become a branch (on hank, 
■ach terms as may be agreed on) of any general bank 
which may be established for this state* m the city ©£ 
Ifefcigh or elsewhere. 

1804. €.32. 

XV. $ 1. All such persons as now are, or hereafter Ne h 
ioall be stockholders of the Newbern Marine Insurance insurance 
Company, shall be, and are hereby constituted, ordained, Company 

* I declared to be a body politic and corporate, by the jncorporau 
» ie of " The Newbern Marine Insurance Coitypany^ 
a that by that name, they and their successors shall 
 t perpetual succession, and shall be capable of suing-, 

* being suet}, pleading and being impleaded, answering 
f being answered unto, defending and being defended, 
ii ill courts and pleas whatsoever; and that they and 
*1 r successors may have a common seal, and * change 

* alter the tame at their pleasure * and be capable oS 



XT* — 



52 



Shares to 
be 501 
each. 



Corpora- 
tion to be 
managed 
b\ ) 1 d*- 
rectors. 



Directors 
to mee- 6? 
choose the 
olHcers & 
servants ot 
company. 



» Thedi- 
rectors ill 
the year 
1806, nam- 
ed. 



Corpora- 
tion not 
dissolved 
by aiauure 
}n election 
ot direct- 
ors. 

President 

tinu tux di- 



BAMS, 

purchasing, holdings and conveying any estate, real any} 
personal, for the use of the said company* 

XVI. § %. A. share in the stock of said company 
shall be fifty pounds, payable in advance, or by such in- 
stalments as the president and directors, hereinafter to be 
appointed, shall direct; and the number of shares shall 
not exceed five hundred, and subscription books may 
from time to time be opened, under the direction of the 
said, president and directors. 

XVII. § 3. The stock and property, affairs and con- 
cerns of the said corporation, shall be managed and con- 
ducted by eleven directors (one of whom shall be presi- 
dent and another secretary) who shall hold their offices 
for one year, and until others shall be chosen, and at tho 
time of their election shall be stockholders and inhabit- 
ants of the town of Newbern, and shall be elected on the 
second Monday of January in eyery year, at such time 
of the day and at such place in said town as the directors 
for the time being shall appoint, and every stockholder 
shall at such election have a vote for every share he holds, 
reckoning no share except such as were acquired ninety 
days before the election : aud the persons having the 
greatest number of votes (a majority of the votes of the 
stockholders being taken) shall be elected. 

, That the directors shall meet as soon as may be after 
every election, and shall choose the officers and servant* 
of the company, the flatter of whom shall be removable at 
their pleasure ; and shall during the ytar fill up any va- 
cancy that may happen in their own body, or in said of- 
ficers or servants, but such appointments shall expire on 
the day of the next annual election ; but until the second 
pf January one thousand eight hundred and six, Samuel 
Chapman, Josi ah Collins, jun. John Devereux, John Har- 
vey, Moses Griffin, James M'Kinlay, Francois Xavier 
Martin, William Sheppard, John Stanly, Isaac Taylor, 
and Alexander Torrans, shall be directors, and James 
M'Kinlay president and William Sheppard secretary. 

XVIII. $4. If it should at any time happen that an 
election of directors should not be made on any day ,when 
pursuant to this act it ought to have been made, the said 
corporation shall not therefore be dissolved, but it shall 
and may be lawful to hold and make an election of di- 
rectors in such a manner and at such time as the laws 
and ordinances of the corporation may direct. r 

The president and six directors shall constitute a board 
competent for the transaction of business, and have power 



r 




*»•* 



BANK. Si 

lo make laws and ordinances for the management and rectors to 
disposition of the stock, property, estate, and effects of constitute 
the corporation, the transfer of shares, and the duties and * 
compensations of the secretary and servants employed. # 
They shall also appoint a committee of four directors, 
any two of whom, with the president, shall have power, 
on behalf of the corporation, to make insurances, fix pre- 
miums, lend money on bottomry or respondentia bonds, mi te ^J^ 
Bw*t gages op personal security of two responsible fre*e make in. 
holders, direct the issuing of policies, notes, and all and *ftraiices. 
every instrument of writing that may be necessary and 
proper in the transaction of J,he affairs of the company ; 
sod all such instruments, subscribed by die president and 
countersigned by the sec etary, shall bind the property, 
leal, or personal, of the corporation ; and until the second 
Monday of February one thousand eight hundred and six, 
JohnDevereux, Isaac Taylor, John Harvey, and Alexan- 
der Torrans, shall be the committee of directors. 

XIX. $5» A bank shall be established in the town Bank of 
rf Newbcrn, the capital aiock whereof shall not exceed Newbem 
two hundred thousand dollars, divided into shares of one esUbli » hcd 
kindred dollars each ; but in the mean time subscriptions Xapital. 
shall be opened in the said town for five hundred shares, 
on the first day of April next, under the superintendance 
of James M k Kinlay, John Devereux, Francois Xavier 
Martin, Isaac Taylor, John Harvey, a majority of which 
ttid commissioners shall be competent to perform the 
duties of their appointment; and they shall keep the S ub- A . Sub * cri J > * 

»— : *• i_i- r * \ r i r i-ri tions to bo 

ttnption books open for the term of ten days ; and if the opened, 
mmber of shares shall not be subscribed within the said 
term of ten days, then they shall keep the said books 
open until the said five hundred shares are subscribed, 
sod no longer; and the corporation by this act created 
nwy atany future time open books to receive subscriptions 
for the remaining fifteen hundred shares, at such time and 
at such place, and under the superintendance of such 
persons as. they may deem advisable and expedient* 
So' icriptions may be made in person, or by proxy in ' 

in lag. 

X. $ 6* The amount <Jf the share or shares sub- Shares to 

*ei ed for shall be paid by the several and respective ^.J}*** 1 ** 

*d cribers, in gold or silver, one fourth thereof at the JStoT 

tin of subscribing, to the commissioners, one fourth 

*i in sixty days after the bank shall go into operation, 

*> Fourth within one hundred and twenty days, and one 

fa "in six months, to the bank directors for the time 



being. Provided always, that it shall be lawful for any 
subscriber to pay the whole of his subscription money, 
or any greater part than is hereby required, before the 
• time limited for the same ; and each and every subscri- 
ber so paying in advance shall have a discount at the 
rate of six par ceotufo per annum on such advance, com. 
puting from the commencement of the operation of the 
said bank. 

XXI. $7. The subscribers to the said bant, their 
^successors, and assigns, shall be and are hereby created 

and made a corporation and body politic, in law and in 
fact, by the name and style*of "The President and Di. 
rectors of the Bank of Newbero," and shall so continue 
until the first day of January one thousand eight hundred 
and twenty, and by the name and style aforesaid, they 
shall 'be, and are hereby made capable in law, to have, 
purchase, receive, possess, enjoy, and retain, to thenv 
selves and their successors, lands, rents, tenements, he- 
reditaments, goods, chattels, and effects, to an amount 
not exceeding in the whole flye hundred thousand dol- 
lars, including the amount of the capital stock aforesaid, 
find" the same to sell, grant, demise, alien, or dispose of, 
to sue and be sued, implead and be impleaded, answer 
and be answered, defend and be defended, in courts of 
record or any other place whatsoever ; and also to make, 
have, and use a common seal, and the same to break, 
alter, and renew at their pleasure, and also to ordain 
establish, and put in execution, such by-laws, ordinances, 
and regulations, as shall seem necessary for the govern- 
ment of the said corporation, not being contrary to tlw 
laws of this state or of the United States j and for tlw 
making whereof general meetings of the stock hold era maj 
be called by the directors, as hereinafter specified, ant 
generally to do and execute all acts, matters, and thing! 
which a corporation or body politic may or can lawful!] 
do and execute, subject to the rides, regulations, reatrio 
(ions, limitations, and provisions, hereinafter prescribe! 
and declared, 

XXII. $ 8. For the well ordering of the affairs a 
n the said corporation, there shall be eleven directors, beinf 
ar. citizens of this state, elected yearly by the stockholders 
til. at a general meeting to be held annually at Newborn *oi 

the fit at Monday in January, seven of whom shall reside 
at Newbern or within twenty miles thereof: Provide* 
the first election of directors shall not be included in tb< 
aL^-ve* mentioned general regulation, but shall be be* 1 



r 

BANK.  * ' 6$ 

at ie time and in the manner hercifafter directed ; and 
provided, that in case it should at any time happen that 
as election of directors should not be ma$le on aqy day, 
vhen pursuant to this act it ought to have been made, 
the said corporation shall not for that ca&se be dissolved, 
bat ic shall be lawful at any other dafy within ten days 
tktreafter, to hold and make an election for directors, in 9 

wch manner as shall be regulated by the laws and ordi- 
nances of the said corporation ; and that in case of the # 
death, resignation, or absence from the state of any di- 
rector, his place shall be filled up by a new choice for the 
remainder of the year, by a majority of the directors. 

XXIII. $ 9# As soon as twelve thousand five huh- when 
tied dollars shall be actually received oh account of the g 12,500 
iohcription to the said capital stock of the said bank, £ e ! w l !*2? r 
Bake shall be given thereof by the commissioners^ or a^ ' into 
majority of them/ in the Gazettes printed in the said operation* 
town of Newbern, and the same persons shall at the same 
time notify a time' and place within the said town, within 
&e distance of twenty days from the time of such notifi- » 

cation, for proceeding to the choice of directors ; and it 
ikafl be lawful fof sueh cilice to be then and there made, * 

lad the eleven persons who shall then and there be cho- 
fca, shall be the first directors, and shall be capable of 
roving until the first Monday in January thereafter,' or 
tatil their succes ors shall be duly elected ; and the said 
directors shall forthwith commence the operations of the 
aid hank at the town of Newbern. > 

XXIV* § 10* The directors for the time being shall Directors* 
kave power to appoint such officers, clerks^ and servants to appoint 
•oder them, as shall be necessary for executing, the busi- °f Rc ^ 8 V : 
*e» of the said corporation, and to allow them such com- C ' 
pentation for their services respectively as shall be reason-; 
able ; and shall be capable of exercising all such powers 
and authorities for the well governing of the affairs of 
the said corporation aa.shaH be prescribed by the laws, 
ordinances, and regulations of the same. 

XXV. $11* The following rules, regtdations, re- 

, limitations, and provisions, shall be and forfti . r ^J la "' 
fundamental articles of the constitution of the said tides of " 
ion.- No stockholder shall be entitled to more the constv 
one vote for each and every share he may hold : t " ti ® n °* 

J shall be entitled to vote by proxy, he being a stock- e **! 
er. No director shall receive any emolument ; nor 
any person be a director who is not a stockholder. . 
stockholders may allow the president a salary or 



B6 



ixttg. 



* - f 






other compensation.* Not less than five directors aha 
constitute a board for the transaction of business, of whoi 
the president shall always be one, except in case of sicl 
ntss or necessary absence, in which case his- place roa 
be supplied by any other director properly authorised b 
him by an instrument in writing* A number of stod 
holders, not less than twenty-five, being altogether owi 
ers of fifty shares, shall have power to demand a gener 
* meeting, and the president shall call one within thirl 
days atter the communication of their request, Evci 
cashier or treasurer shall give bond and 'security befoi 
he enters on the duties of his office, in the sum of tt 
thousand dollars, and the other officers, clerks, or sen 
ants of the corporation shall give such security as tl 
directors shall require. The stock of the said cdrporatio 
shall be transferable and alienable, agreeable to such ruk 
and regulations as the corporation shall' from time to tiim 
jnake for that purpose. Bills, bonds, and notes signe 
by the president and countersigned by the cashier sha 
be binding and obligatory on the corporation. Half-yearl 
dividends shall be made of such part of the profits of tl 
bank as shall appear advisable. The lands, tenement 
and hereditaments which it shall , be lawful for the sni 
corporation to hold; shall be only such as shall be requ 
site for its immediate accommodation iir relation to tl 

9 

convenient transacting of its business, and such as sha 
have been bona fide mortgaged to it by way of securit 
or conveyed to it in satisfaction of debts previously coi 
traded in the course of its dealings, or purchased at sal) 
on judgments which shall have been obtained for sm 
debts. -Nor shall this corporation, directly or indirect 
*• deal or trade in any thing except bills of exchange, 
or silver bullion, or in the sale of goods really and t 
pledged for money lent and not redeemed in due t: 
or in goods the produce of its lands ; neither shall 
said corporation take more than at a rate of a half 
centum for thirty days, for or on account of its loan 
discounts/ The total amount of notes emitted or thr 
into circulation by the said corporation, together 
their debts of everv description, shall not at any time 
ceed the sum of six hundred thousand dollars over 
above the monies then actually deposited in the bank 
safekeeping, unless the contracting of any greater 
shall have been previously authorized by a law of 
state; in case of excess, the directors under ij'hose 
ministration it shall happen shall be liable for the sa 




iANK. f & \ 

^fheir natural private capacities, and an action of debt may 
be brought against them or any of them, or their heirs, 
executors, or administrators, in any court of record, by 
any creditor or creditors of the said corporation, and may 
be prosecuted to judgment and execution; any condition, * 

covenant, or agreement to the contrary notwithstanding. ' 

But this shall not be construed to exempt the said corpo- 
Tatton, or the lands, tenements, goods, or chattels of the 
tame, ^om being also liable for and chargeable with the 
said excess ; such of the directors who may have been ] 

absent when such excess wad con traded or created, or 
who may have dissented fibm the resolution or act where* 
by the same w$s contracted or created, may respectively * 
exonerate themselves from being so liable, by forthwith 
giving notice of the fact, and of their absence or dis- 
lent, with and before some notary public, and to the stock- 
holders at a general meeting, which they shall have power 
ttd are hereby required and directed to call for that pur- 
pose. 

XXVI. $12. Repealed; * 

XXVII. « 13.. If the State of North-Carolina, shall 
at any time within three years deem it advisable to be- 
come interested in said bank, it shall and toay he lawful State may 
for the said state to cause to be subscribed therein an te^stiri ui 
amount not exceeding two hundred and fifty shares of One said bank, 
hundred dollars efich ; in which case notes a4l bills may ' 
be issued by said bank, founded on the extension of capi- 
tal produced by the subscription and payment in conse- • 
tjuence thereof, on the part of the state, to a greater 

amount than before authorized, in the same ratio as jhe 

original capital stock created by this act : Bat nothing in ThutKmk 

A" i_ii.. A j • * t not to ave 

tins act shall b& construed to give any precedence *or pre- preference 
ference to the bank created by this act, to any state bank to any state 
which may hereafter be established at the town of New- bank " 
hern or elsewhere ; and the said bank may become (on 
soeh terms as may b#* agreed on) a branch of any general 
state"bank which may be established in the city of Raleigh f 
or elsewhere. 

XXVIII. § 14. As soon as five hundred shares shall 
he subscribed, the commissioners in the town.of Newbern 

may, and are hereby authorized to provide a house for A house 
tamsactiing the business of said bank, together wHth all * c - u ^ b * 
necessary stationery, utensils, paper, and vaults for carry- * MWl e 
ing on the business thereof, so that the said bank may 
commence; its operations as soon as director} shall be ap* 
Pointed* 

EL 



58 



RANK. 






18or. C.3. 
XXIX. § 1. Be it enacted, E-fc. Tha 
J^* b su ™ r treasurer be and he is hereby authorized to 

sci-ibe for either or both of said banks, [that it to say, 

2S0 shares 2/eu bcrn and vf Cape Fwr~\ at such time as he shall deem 
it expedient, aud he and the directors of said banks or 
either of them shall agree on, fsr two hundred aud fill) ' 
shares of bank, stock, on the following terms and c 
lions, to wit : That he pay at the time of .subscribing^ 
out of any monies of the currency of this state in the pub- 
lic treasury, one third of the amount of the said shares : 
Mariner that he pay at the expiration qf twelve months thereafter 
of paying on,, other third of.the'said amount, and at the expiration 
' of twelve months after (he payment of the last mentioned 
third, the remaining third and full amount of the said 
shares ; and that for the deferred payments he pay an in- 
terest at the rate of four per centum per annum from the 
* time of subscribing; Provided however, that after pay- 
ing the last instalment to either of the aforesaid banks, 
. the treasurer shall be authorized to borrow therefrom the 
amount of the said instalments from time to time, on the 
terms on which loans ire made therein, until the divi- 
dends received be sufficient to pay off the sums borrowed* 
Treasurer XXX. §2. The treasurer, together with the.comp- 
&c. in up. trailer and secretary, or any two of them, are authorized 
point J" Hi- an d empowered to appoint three additional directors of 
**""" ^ each or-ftoth, 6T the banks in which subscriptions shall 
' be made as aforesaid, and the directors for each or either 
of said banks so appointed, shall possess the same qualifi- 
cations, have the same power, and be subject to the same 
rules, regulations, and restrictions, as the other directors 
which shall be chosen by the stockholders.* 
, ' XXXI. § 3. In case (he directors of said banks re- 
Notw of a P t;ct ' vc ''' , or c ' l ' ier °f 'hem, shall accept of the above 
ttincbanki stated terms and the subscriptions shall be made by the 
to be re- treasurer for the number of shares /irst above stated, then 
c ' 1 " Jl " and iq that case the bank notes of the hank or banks in 
of'blic which the said subscriptions shall be made, shall be and 
dnca and are hereby declared to- be receivable ia payment of all 
nu-^tuy p U hIic dues, and atjhe public treasury. 

XXXU. § 4, It shall he lawful tor the president and 

directors of .each of the aforesaid banks to establish offices 

Office* of f discount, or offices of discount aitd deposit, at othct 

ts ^ uunt places than the towns wherein the said banks are fixed, 



each bank. , 



ofdin 



i ii'provMei 6* 



r 



^ 



BANK. . 59 

«r where, by th£ir respective charters, branches may be may bees- 
established ; provided that not more than two such offices, tabdshecL- 
other than aforesaid, shall be established and kept in ex- * 
istroce by either of the banks at the same time, and that 
die management of such offices be committed to such per- 
sons, and under such agreements, and subject to such re- 
gulations as^he president and directors respectively may 
deem proper, not contrary to the constitution of this state 
or of the United States or of the aforesaid corporations : 
Provided also, that no office of discount or of discount 
and deposit, shall be established by either of the said 
hanks, unless they accede to the terms of subscription 
proposed by this act on the part of the state. 

XXXIII* $ 6. The said banks, in consequence of 
toy subscription by th# treasurer in behalf of the^tate, p^ ep ^ 
shall have power to issue notes only in the same ratio as issue addU 
that established by their respective' charters, that is to say, tonal 
b the ratio of three for one 4 on the amount of its capital noUs * 
stock actually subscribed ancl paid for, over and above 
the monies deposited for safekeeping* 

1810. C.5. 

XXXIV. $ I. A bank shall be established in the 
Stite of ' North-Carolina, the capital stock wheffeof shall SUteBarik 
not exceed one million six hundred thousand dollars, di- rj al ^ a i 
tided into aharestpf one hundred dollars- each. 

• XXXV. § 2. The bank so established, shall con- 
sist of one centrjft principal bank, to be fixed at the city of t consist 
Raleigh, the capital of which shall be three hundred thou- f a pr.nci- 
sind dollars, and the several branch banks hereinafter pal & aeve- 
iamed,'viz. at Edbnton, the capital stick whereof shall J^™^ 
he two hundred thousand dollars ; %t Newbern, with a. 
capital stock of 'three hundred thousand dollars ; at Wil- 
mfogton, with a capital stock of three hundred thousand 
dollars ; at Fayetteville, with a capital stock of two hun- 
dred thousand dollars; at Tarbovough, with a capital 1 
stock of one hundred thousand dollars ; and at Salis- 
bury, with a cflpttal stock of two hundred thousand 
dollars. It shall and may be lawful for the treasurer 
to cause to be subscribed for and in behalf of the state, 

1 the sum of two hundre^nd fifty thousand dollars, which 
sum shall be reserved for the use of this state, to I*: paid 
for in stock of the United States, and the residue hi gold „ 
and silver, at such time or tynes as it may be convenient 
for the state to pay the same. The stock so subscribed 
and paid for on account of the state, consisting either in 
Pcmey or, certificates of the United States, ahaH be dis- 



tributed and divieftd among the p 
banks, in proportion to the capital i 
apart for each, establishment. [Hert 
the cbtnmrsiioners appointed at the st 
subscriptions.] , A majority of the a: 
each or any ot the aboMc mentioned 
petent to perforin the duties of th< 
ii the number of shares allotted fo 
Books to b* subscribed within the term of s 

i opened, keep the said books open for six months, and no longer. 
But the corporation by this act created, may, at any fu- 
ture time, open books to receive subscription, for the le- 
ts majmng shares unsubscribed, at such time and place, and 
wider the auperintendance of such persons, as they may 
.' deen^pdvisable and expedient. Cut in the mean time, 
nE dull *t shall be the duty of the commissioners of the respect- 
. meo o- ive branch banks, as soon as they shall Actually have re- 
lation. Cc ived twelve thousand five hundred dollars, to give no- 
tice of the same to the commissioners of the principal 
bank -at Raleigh, who ehajl -forthwith notify the same in 
all the piipers published in KaJeigh ; and the same per- 
sons shall, at the same time, nofify the time and place 
' within the city ot«Italeigh at the distance of thirty days 
from the time of such notification, for proceeding to the 
* choice of nineteen directors, and it shall be lawful for 
such choice then and there to be made. And the nineteen % 
persony-who shall be then and there chewen, shall be the 
first directors, and shall be capable of serving until the 
first Monday in December thereafter, by virtue of such 
choice, or until their successors shall hf duly elected ; and 
the said directors shell forthwith commence the operation 
of a bank in each of the towr.s previously enumerated, 
whose commissioners shall have given them notice of the 
requisite sums being actually received for (he use of the 
Corporation, 
iperenr. ?XXVI. $3. That the paper currency now in cir- 
ncjmot culation, and which waft emitted by law * 1783 and 1785, 
two**" on '^ e faitI) a ™* cret " t °f *'■ 8W,e ' sn *"» knmediateh/ 
, r m °the aftl ' r lhe °ank S oea into operation, cease to be a legal 
.rt, tend, r in payment of all debts dye to, or owing from the 
said.lfmk, and notification thereof shall bp made by the 
, proclamation of his excellency the governor in the paper* 
published tin the city of Raleigh. , 

XXXVII. $ 4. That all courts of justice' within this 
nlpnents 6t3t * when any suit may he brought before them, on any 
i'avor ot debt due by bill, bond, note, or otherwise, against the 



It! 






T 



BANK. A 1 

president and directors of the state bank of North rCaro-^,^;^* 
[Sua by any person or persons, or by any bodies politic or ftelankto 
jcocporate ; or when any suit may be brought by the pn*-4, be S 1 *** 1 **** 
pdentaad directors of the state bank of .North Carolina, ^J^ ^ 
liostaoy penbo or persons, bod&s politic or corporate, m 

rho shall or may be indebted to Atf bank aforesaid, by 

ill, bond, note, or otherwise, it shall and may, in such 
es, be lawful, and the courts are hereby authorised and 
mpowered to grant judgments in gold or silver, in the *' 

one manner as if no tender law existed. And the sheriffs 
are hereby required, in all such cases where such execu- 
tion! shall have been awarded, tp collect the, amount in 
pld and silver, and make du£ return of the same. y dcncL^ 1 " 

XXXVIII* $ 6. The dividend accruing upon the shares go to the 
JDtbe said bank, owned by the Hate, shall be applied to-redemp- ^ 
Wards the redemption of the paper currency of this state tlon °* lhe 

— m • -. i_ ■_ i k ' • £ i • paper cur* 

pud ia|n the bank 5y virtu? of this act. rency. 

ifXXIX. § 7. Tne subscribers to the said bank, their 
Jftccessors an<fc assigns, shall be and are hereby created Subscri- 
pt made a corporation and body politic, in law and in ber3 » ncor - 
W, by the name ai*d style of "The President and Di-P° raled 
factors of the State Bank, of North- Carolina, 59 and, shall 
to continue until the first day of January, in the year one 
fouiand eight hundred and thjfty, and by the name and 
~?k aforesaid, they shall be, and are hereby made able 
d capable in law, to have, purchase, receive, possess, 
joy, and retain, to themselves and their successors, ' * 

rents, tenements, hereditaments, goods, chattels, 
effects, <o an amount not exceeding in the whole 
o millions five hundred thousand dollars, including the 
stock aforesaid, and the same to sell, grant, de- 
alien, or dispose of, to sue and be sued, implead 
be impleaded, answer and be answered, defend and 
defended, in courts of record or any other place what* 
er; and also to make, have, and use a common seal, 
the same to break^ alter, and renew at their pleaf- 
and also to ordain, establish, and put in execution, # 

h by-laws, ordinances, and regulations, as shall seem 
essary and convenient for the government of the said 

ion, not being contrary to the laws of this state < 

of the United Slates ; and for the making whereof gene- 
mectings of the stockholders may be called by the (li- 
ters, in the manner hereinafter specified, and generally 
do and execute all acts, matters, and things, which a 
rporation or body politic in law may dr can, lawfully 
to or execute, subject to the rules, ' regulations, rcstric- 



. fi2 „ BANK. 

* 

lions, limitations, and provisions, hercina 
. an d<fde clared  
' *■  'XL. $ 8. That the directors of the 
rfiheprin- c 'P al " banlt t for the time being shall havi 
cin»liia* point thirteen directors for each branch f 
to appoint officers, clerks, andttservants under then.™. >.o, m» - w 
theb'anch- aa *° r t ' lc aevcra * branches, as shall be necessary for em 
am CUling the business of the said corporation, and to allot 

them such compensation for their services respectively,! 
shall be reasonable; and. shall be capable of exeirisio 
such other powers and authorities for the well govern 
ing and ordering the affairs of the said corporation i 
• shall be prescribed, Axed, and determined, by the lair: 
regulations, and ordinances of the same. < 

* CiwtVtii- 3CLI. $ 9. That the following rules, regulation! 
tinnol'ihe restrictions, limitations, and provisions, shall form andfc 
corpora- the fundamental articles of the constitution of t>" "i 
two ' corporation. 

First. The number of votes to which e%ch st 
er shall be entitled, except the state, shall be • 
to the number of shares he shall hold, in the prt 
following, that is to say, for one share, and not m 
two shares, one vote; for every two shares ah 
, and not exceeding ten, one vote; for every four shares aboi 
ten, & not exceeding thirty, one vote ; for every six%han 
, above thirty and not exceeding sixty, one vote ; for evei 

. eight shares above sixty; and not exceeding one hundrei 
one vote ; and for every ten shares above one hundrti 
one vote. But no person, copartnership, or*body polit* 
shall be- entitled to a greater number than thirty vote 
The treasurer, at all elections for directors, shall, on b 
half of the state, have the same number of votes to whit 
the greatest number of stockholders may be entitled, po 
sessing an equal number of shares with those owned I 
^he state at the time of such election. And after the fir 
election, no share or shares shall confer a right of st 

• frage, which shall not have been holden three calend 
months previous to the day of election. St< 

tually resident within the state, and none o 
m elections, and at. general meetings of the 
by proxy. * 

Second. None but a stockholder, bein 
the state, shall be eligible as a director. 

Third. None shall be entitled to any er 
Jess the same shall have been allowed byth 
at a general meeting. The stockholders &I 



peasation to the president for his extraordinary at- 

ance at tile bank, as shall appear to them reasonable* 

Fourth. Not less than seven directors, at the principal 

and fire directors at each one of the branch banks* 

constitute a baard for the transaction of business ; 

whom their respective presidents shall always be one, 

pt in case of sickness or necessary sftsence, in which* 

his place may be supplied by any other director , 

m he, by writing under his hand, shall nominate for 
purpose* . < 

Fiitju A nuinber of stockholders, not le%s than sixty, 
vise together shall be proprietors of two hundred shares 
or upwards, shall have power at any time to call a general 
Betting of the stockholders for purposes relative to the in- 
athution, giving at least ten weeks notice in a public gazette 
the place where the principal bank is kept, and speci- 
fying in such notice the object or objects of such meeting* 
Sixth* Every cashier or treasurer before he enters up* 
the duties of bis office, shall be required to give bond, 
two or more sureties, to the satisfaction of the di~ 
, in a sum not less than ten thousand dollars, withr 
Uion for his good behaviour* 
Seventh* The lands, tenements, hereditaments, which 
*hall be lawful for the said corporation to hold, shall be 
such as shall be requisite for its immediate accom~ 
tion in relation to the convenient transacting of its* 
and such as shall have been bona fide mort- 
to it by way of security, or conveyed to.it in satis* * 

of debts previously contracted in the course of its 
ings, or purchased at^ sales upon judgments whicft 
U have been obtained for such debts. , 

Eighth* The total amount of tbe debt which said cor- \ 

tton shall at any time owe, whether by bond, bill, note, 
other contract, shall not exceed the sum of four millions v 
t hundred thousand dollars, oyer and above the sum * 
actually deposited -in the bank for safekeeping, un* 
the contracting of any greater debt shall have been • 
iously authorised by a law of the state* In case of » 
ess, the directors under whose administration it shall 
n, shall be liable for the same in their natural and 
te capacities, and an action of debt may in such case 
brought against them, or any of them, their, or any of 
ir heirs, executors, or administrators in any court of 
of the state, by any creditor or creditors of said 
ration, and may be prosecuted to judgment and exe- 
a^my condition, covenant, or agreement to the cor- 



64 



trary notwithstanding. But this shall n< 
exempt the said corporation, or the 1 
goods, or chattels of the same, from bei 
and chargeable with the said excess, 
directors who ma^hive been absent *rh< 
was contracted- or created, or who ma 
"from the resolution or act whereby the 
tracted or created, may respectively exoi 
from being so liable, by forthwith giving. notice of -t 
fact, and of their absence or dissent, with or before sot 
notary publii*, and to the stockholders at a general me. 
ing, which they shall have power to call for that purpo: 

Ninth. The said corporation may sell any part of t 
public debt whereol its stock shall be eoojposed, but sh 
not be at liberty to purchase any public debt whatevc 
nor shall directly or indirectly, deal or trade In the si 
of goods really 'and truly pledged for money lent and r 
, redeemed in due tim , or of goods which shall be 
Wluce of its lands. Neither shall the said corporal 
snore than, at the rate of six per centum per an 
or apon its loans or discounts. 

Tenth. No loans'shall b*e made by the said cof 
for the use ( or on account of the government of ' 
ted States, to an amount exceeding one hundred t 
dollars, or of any particular state to an amount e? 
r fifty thousand dollars, or* of -any foreign prince or sta' 
unless previously authorised by a law of the state>*" v J 

Eleventh. The stock e-f said corporation shall Iff 4 
sign able and transferable, according to such rules as "si* 
be instituted in that behalf by the laws and ordinances 
the sanft. J 

Twelfth. The bills obligatory. and of credit, under! 
seal of said corporation, which shall be made to aiiy pent 
or persons, shall be assignable by endorsement thereun 
tinder the hand or hands, of such person or persons, an J 
his, her, or their assignee or assignees', and so as ahl 
lutcly to transfer andlvest the property thereof in, -' 
and every assignee or assignees successively, and to c 
such assignee or assignees, to bring and maintain a 
tion thereupon, in his, her, or thei'rfewn name or n» 
And bills or notes which may be issued by order o 
said corporation, signed by the president and cou 
signed by the principal cashier or treasurer thereof, 
niising the payment of money to any person or per 
his, her, or their order, or to the bearer, though not c 
the seal of the said corporation, shall be binding ant 



t 



• 



BANK. 

• • 

IgMory upon the same, in the like manner, and with the 
like' force and effect, as upon any private person' or persons 
If issued by him 'or them, in his, her, or their private or 
natural capacity or Rapacities, and shall be assignable and 
negotiable, in like manner as if they were so isftued by 
sach private person §r persons : that is to say, those which 
shall be payable to any person or persons, his, her, or 
their order, shall be assignable by endorsement, in like 
manner and with like effect, as foreign bills of exchange 
now are* and thoat which are -payable to bearer, shall be 
negotiable and assignable by ffclivery only. 

Thirteenth. Half yearly dividends shall be made of 
so much of the profits of the bank, as shall appear to the 
directors advisable ; %nd 9 once in every three years, "the 
directors shall lay before the stockholders, at a general 
i meeting, for their information, an exact and partiular 
statement of # aril die affairs relative to the bank, and divide 
the surplus profits. 

Fourteenth. It shall be the duty of the directors of 
die principal bank to cause discounts to be granted and 
deposits to be received by the directors of the several 
branch banks, upon the same terms and ift the. same man- 
fter as shall be practised at the principal bank, due^ae gard 
being had to the amount of capital actually possessed by 
tfre several establishments. They may require the cashier 
of each bank to furnish th£m, from time to time, as often 
as they may think necessary, not exceeding once a weekv 
with statements of the amount of the cankal stock of 
tifeir particular office/and of the debts dueThe same, of 
the monies deposited thereto, of the notes in circulation, 
sad of die cash in hand. Nothing, however, shall be 
construed in this section, to give a right to the directors 
of the principal bank for removing the capital stock, or 
say part thereof, of one branch \o that of another, or to 
the principal bank, or to establish any branch bank other 
Am that is now, or may be herafter established by law* 
.The officer at the head of the treasury department of the 
Rate shall be furnished, from time to time, as often as he 
may require, not exceeding once in three months, with a 
ftatement of the Amount of the capittl stock of said cor* 
poration, and of the debts due to the same, of the* monies 
deposited therein, of the nbtes in circulation, and of the 
cash in hand : and shall have a right to inspect such ge- 
neral accounts in the books of the bank as shall relate to 



64 



- WJttiK. 

■he' said statements. Provided, that this shall mot be eotf 
itrued to a right of inspecting the account of any private 
individual or individuals with the bank. 

XLfl. $ 10- The bills or notes # of said corporation} 
art ginajiy nude payable, or' which shall have become pay- 
able on demand in gold or silver coy shall he. receivable 
in all payments to the state. 

XLUI„ $11. Noother bank "shall be established by 
my future law of. this state, during the continuance of 
he corporation hereby created; for arnica the* faith of 
:his state is hereby pledged. ' 

XLIV. $ 14- No note shall be negotiable at the 
lank, unless It be so expressed on the lace. 

XLV. $ 15. No note shall' M issued by 'the stall 
jaiik of North Carolina lor a less sum than one dollar. 
... 1811. C.l. 

XL VI. $ i. Whereas the subscriptions to the capj- 
al stock of the state bank of North- Carol in a have fallen 
ihort of the sum authorised to be subscribed thereto by 
he above recited act [1810, c. 5,] and it becomes ntce» 
lary in consequence thereof, to modify the condition) 
ipun which by the said act the charter of incorporatipl 
v.is granted, in order to enable the state through the 
igency' of the bank to effect one of the principal objects 
i ud in view in *ks, establishment, thy redemption of the 
r.i\>cT currency : — It is enacted, that the president sod 
Hrectors of the state bank of North- Carolina aha U "not 
>e bound to pay to the state full dividends upon (ha 
whole sumff two hundred and f>0.v thousand dollars of 
.he stock of the said bank, reserved by the above recited 
Kt to the use of the state, and, upon which by the said 
let the state is entitled to full dividends; but it is here* 
iiy declared to be lawful for the Said president and direct-' 
tors, out of the full dividends to be declared on the said 
sum of two hundred and fifty thousand dollars held b* 
■Me state in their stock, 9o retain at the end Of each year, 
»r the gcneV.it benefit of the stockholders, including the 
state, a sum equal to four per centum, upon such part of 
the said stock as shall not have been actually paid for by 
[he state on the da*/ .when the diviatntf .is declared, out 
if which the retainer is made. 

XLVII. $ 2'. And as* an additional consideration on 
which to eng^tge the agency of the said bank in the re- 
demption of the paper money of the state,— -it is further 
t'nacud, that on condition .the president and directors' cf 



V 



BAXK. 67 

jtye laid bank shaH take tip and cntirely-withdraw from, 
circulation, in the manner hereinafter prescribed, the whole 
of the paper money issued by the state, by vijjue of the 
acts passed for the purpose in the year one thousand sev- 
en hundred and eighty three, and one thousand seven 
, hundred a%d eighty* five, on or before the eighteenth day 
of December*one thousand eight hundred and seventeen, 
*d jiot permit the same nor - any part ' thereof to return 
again into circulation, after having once been in their 
possession, either by payments made, or to be made on ac- 
count of the fourth instalment of the capital stock of the 
laid bant, or in any other manner whatever : it is hereby Charter 
declared that the charter of incorporation of the said bank t enotek ' 
thail be extended to the first day of January which shall 
happen in the year one thousand eight hundred and thirty 
„ive, ujton the same terms as the said charier is now held, No ^^ 
and with the same engagement on the part of the state bank to l>e 
that no other bank shall be established by any future* law e*ubii*h- 
of the state during the extension i and the faith of the [^^f 
Hate is hereby pledged, as a further consideration for the tension ; 
said redemption, that no tax or imposition shall be laid and no uuc 
01 the capital "stock of the. said bank, nor Qfl the dividend* t0 bc **#* 
fo be declared thereon. 

XLVIII. $ 3. In order to the complete performance 
of the condition on whi<*h the grant anil exemption in the 
next preceding section are made in favour of the stock- 
holders of the said ijnnk, it shall be the duty of the pre- Papernya- 
iident and directors of the said banlf to cause pubic notice ney to be. 
tor he given by advertisement, in all the papers published u ed fj eitf * 1 
XB the city of fialeigh, for six weeks next immediately pre- bJ n k. 
ceding the eighteenth day of December, in the ye^ar one 
thousand eight hundred and sixteen, that they will, for 
the term of one year commencing ,©n that day and follow- 
ing next thereafter, take up and exchange all the paper 
currency of the state which shall be presented for the 
purpose of being taken up and exchanged, at' the principal * 

hank, or at any of its branches, by*giting in exchange 
therefor, in the notes of the said bank, or gold or silve^ . 
at the option of the holder of the said paper mdney, the 
foil sum for which the paper money so to be presented 
shall amount," after the rate of one dollar for ten shillings 
of the said paper money t And it shall further be the dutf * * ^ 
o f the said president and directors actually to take up all ~; ^ 
$* paper motley of the state which shall within the said s - / 
term of one year be presented fof exchange as aforesaUT? /* 
Jjtyl to rive in exchange therefor, in the notes of the said „ 



 -v 



bank, or in gold . or silver, at the option of the bolder fjf 

the paper muncy, after the rite of one dollar for us shil- 
lings of the monies to be presented for exchange as afore- 
said ! and upon its being made to appear to the satisfac- 
tion of the governor of the state, by the said president 
and directors, at any time within six months after the 
eighteenth day of December which shall happen in the 
year one thousand eight hundred and seventeen, that the 
aaid president and directors have faithfully complied with 
the preceding terms,, and have given the required notices 
. at the. times and in the manner above prescribed, and 
have actually exchanged for'and taken in all the paper 
money of the state, which shall have been presented to 
the said bank or any of its branches, in pursuance of the 
notices above prescribed, and faithfully paid therefor in 
the manner and after the rate also above prescribed, is, 
shall be lawful for the governor of- the state to make 
known the same by proclamation, and in the said procla- 
mation to declare that the said paper money shall thence- 
forward cease to be a tender; And it ia hereby further 
declared, that oh the date of said proclamation, the said 
paper money shall cease to be a tender in all cases what- 
ever, except in payment* to be thereafter made to the said 
state bank of North •Carolina : in all which payments to 
the said bank it ia^ hereby declared it shall thereafter be, 
a tender: and when received by the said bank shall not 
again return into circulation by any means whatever, but 
remttin in its vaults until redeemed and destroyed in the 
' manner hereinafter prescribed* Provided always, that*if 
the fund established for the redemption of "the said papefl 
money, shall not effect the entire redemption thereof be- 
fore the charter of the said bank shall expire, or by com- 
mon consent of the stockholders or otherwise, be distotv- 
cd, then and in that case, the said paper money shall 
agaip be considered as a tender in all payments whatevefl 
as heretofore. 

^i-IX. $4. The dividends accruing upon the whole 

sum reserved and held by the state, in the stock of the 

ft- aaid bank, after deducting therefrom Your per centum pet 

£ annum on the amount of the said stock not paid for by 

i the state (in the manner prescribed in the first section of 

- this act) shall invariably and from time to time as the 

said divideod .shalj be declared and paid, be applied to 

the redemption of the paper money remaining in ths 

vaults of the bank ; which paper money, when so redeem 4 

cd and actually paid over to. the state, or its agent (hs 



* 



pafelie treasurer, shelf by the said treasurer, in th# pre* 
seoce of the comproller and secretary of sate, and also in 
the presence of the president of the bank, be burnt and de- 
stroyed. % % 

L. § 5. The president and directors of the state Books to 
hok of North QacoUna, at such time or times as shall be -be opened 
co&venient to them, and under the direction of- such per- '°r tu * he * 
ions as they may appoint, shall cause books to he opened \*J£ % 
at a 1 or any of the places where,* by the act of incorpora- , 
toon, books were directed to be opened, for the purpose of 
receiving further subscriptions to the capital stock of* the. 
Mid bank ; and if subscriptions shall not have made been 
to the full amount of said capital stock, previous to the 
•first day of January one thousand eight hundred and * 
twenty, then and in that case it shall be the duty of tho 
said president and directors forthwith to cause books to be 
again opened as aforesaid, for the purpose of receiving , 
subscriptions to the capital stock of the said bank so the 
foil amount authorised by their ^charter; which hooka 
shall be kept open six months, or until the whole of the 
f/atd stock shall be subscribed: And if it shall happen* "" 

when the books shall be opened as a aforesaid, that a v 

greater sum shall be subscribed at any place than is per- 
mitted by the charter to be employed at such place, is . . 
shall he lawful for the president and directors to reduce 
wch subscriptions, according to a scale by them to bo 
established for the purpose^ ' , 

TLL §6. It shall t>e lawful for the public treasurer to Treastirt* 
cause to J^e deposited in the bank the money which may authorised 
at any time be in the treasury of the state t agd wffen dc«» l< ^iTa»a. 
posits shall be made in the notes of the NewbeKn or Cape* ^eyi' 
rear banks, or of any other bank, it shall be lawft^ forb*nk. 
(he state bank to answer the checks or drafts to be made 
upon such deposits, by repaying the notes* actually drpo- 
nted, or by notes of the state )>ank, at the option of the 
directors- v f 

ill. $ 7. {n addition' to the number of directors re- 
quired for the principal bank* by the act to which this is *™^£l 
an addition, the public treasurer of the state shall* e& of- a director. 
ficio, be a director of the principal bank. 

18 W. C.6. # 

LI II. $ 1. The act entitled u An Act to. establish Former 
a bank in the town of Wilmington," and so much of an*ct;coo. 
•ft entitled " An Act to incorporate the Newbern Ma- linucd ' 
Tme Insurance Company, and tp establish a tymk in said 
town," passed in the year one thc^i sand Vight hundred and * 

• *  ; j** • i » it « 



m 



BASK 



W- 



> 



four, as relates to the bank of Newbern, and aj! oAer act^ 
subsequently passed, relating' to the management, direc- 
tion, and affairs of said banks, shall.be, and the same are* 
hereby continued in force until tine first day of January 
in the year 6T our Lord one thousand eight hundred and . 
thirty-five, except as hereinafter provided for- 

LIV. § 2. The president and directors of the bank 
of Cape Fear shall be and they are hereby authorised to 
Actional ^d ^ } t j le capital stock of said bank five thousand two 
•litre*. hundred and fifty shares, and the president and directors 
of the bank of Newbern shall be and they are hereby au- 
thorised to add to the capital stock of syd bank five thou* 
sand seven hundred and fifty shares, of one hundred doi- 
\ lars each.  

LV. . $ 4. Ten dolkfrs upon each .share subscribed, 
Times for shall be paid at the time of subscribing, and the remain* 
£aymeny fog ninety dollars in payments of ten dollars every six* 
* ty dar^s thereafter until the wh»le shall i>e paid ;* the said 
deferred payments bearing interest at the rate of six 'per 
centuovjrer annum until paid ; and it shall be at the option 
of: each subscriber to" fill up his share or shares by paj| 
jnent of the residue of the money due thereon ; and each 
subscriber paying in advance shall have a discount at the/ 
, fate o/ six per centum per annum on such advance.— 
When fifty dollars on any share shall be paid, the holder 
thereof shall be entided to receive dividends on the whole 
Shares share ; and on failure to mak§ payment punctually of any 
frri'*i«4> of t ^ c sa id fi rs t mentioned five instalments on every share, 
the subscriber so failing shall ' forfeit to the use of the 
** company all the money that has been previously paid on 
sdeh share ; and such share shall be sold by the president 
and^irectors for the» benefit of the , company, but there 
shall be no forfeiture after the payment of fifty dollars' 
on each share. , i 

B f*s re. LVL. $ 5. The president anrd directory of said banks 
quired to shall at all times from and after the passing of this act 1 
loan the * and during the continuance of the same, be bound *jd 
obliged* to make a loan or loans to the state of North 
Carolina, if required and authorised by law, of any Suit- 
or sums of money not exceeding in the whole at any one 
time one tenth part or the actual stock of said banks re- 
spectively, and at a rate of interest not exceeding six per 
centum per year, to be paid yearly. Provided, that it 
s; *!1 be the duty of the treasurer to make application in 
writing to* the president and directors of said banks for 



jfctate. 



^ 



I 

L 



. UAltK.] f 1 

tan loan or loans at least three months previous to the 
time when such loan or loans shalP be required* • •» 

LVIL $ 6» Of the shares hereby .allowed to "be sub* 
scribed to the stock of the said tanks one thousand shares 
in each shall be reserved Jbr this state, and subscribed^by 
the treasurer Immediately upon the opening of the books 
for receiving subscriptions as aforesaid ; and as a consi- 
deration of this amended charter granted to the said shares rt- 
fcanks, the state sh%ll be entitled to one hundred a$id nerved to 
eighty shares of the- said one thousand shares in each tlic * ute - 

| kaak aforesaid, without paying any thing therefor ; and 
at the expiration or earlier dj^iolutioo of the charter, the * 

• president and .directors of the banksi shall pay to the trea* 
torerfbrthe use oitthe state the same rate of dividend * 

*ta the said shares, together with the shares, as may be 
paid, to other stockholder and shall be entitled to make 
payment for four hundred fend ten shares in each of the 
aid ban^p in treasury notes, to be isstfed as hereinafter 
directed* and shall be entitled to make payment for the 
lemaining four hundred and ten shares in each bank at 
any time or times she* may thin\ proper during the con* 
tmaaace of this act, and shall not be bound to pay so 
*«her of die said4anfcs interest upon the shares not pai<J . 
fcr. But the interest which may accrue thereoiMhall be 
accounted for as hereinafter directed* 

LV11L $ 7. The state slyUbe entitled tp receive n ff t ^j , 
fall dividends upon the one hundred and eighty shares act ^*^ 
k> each bank, mentioned in the preceding section, and to ifre 
fike dividends upon four hundred ajid ten shares in each 8latc - 
kak, to be paid for in treasury notep after the second 

^ dividend to be declared by the said president and di- 
fetors after the first day of February next ; and from 
tad after the declaration of the said second dividend the^ * 

*ate shall be entitled to receive whatever sum shall ac« 
***** upon the remaining four hundred and ten^shares in 

tech bank over and above sis per centum per year, jpnd 
*e same dividend shall be declared upon the said -re* 
fcaiaing shares, aa upon shares* which have been fully 
faid for. 

LIX* $ 8. At all meetings .of the stockholders of 
w eaid hanks, and at all elections for directors, the gov- of ^ cc !^* 

L ttaor for the time beings fj such other person or persons holders.* 

. * hfc or the Legislature may from time to time appoint, 
■t* 1 * act on behalf of the state, and shall have the same 
^*«t of votes to which the greatest number of stock- 
**W» may be entitled possessing an eqiul number of 



ii 



BAXK. 



shares, with those owned bjr the state at the time of sudi 
election ; and the nttnflber of votes to which each stock- 
tiolder'Shall be entidqd, except the state, shall be accord* 
ing to thp number of shades' he shall hold, in the propor- 
tions following, that is to say, forgone share, and not more 
than two shares, one vote ; for every four shares above 
ten, and not exceeding thirty one vote ; for every six shares 
above thirty and not exceeding sixty, one vote ; for every 
ti^ht shares above sixty, and not exceeding one hundred, 
one vote ; and for every ten shares Above one hundred, 
one vote, fiut no person,, copartnership, or body politic, 
* shail be entitled so a grea|pr number than thirty votes. 
No share or shares shall confer a right of suffrage, whicb 
6ha!l not have been holden three cflendar months pre* 
vious to the day of election. Stockholders actually resi- 
dent within the state, and noq^ other may vote in elec- 
tions, and at general meetings of the stockholders, by 
proxy. None bfct a stockholder, being a cities of Ac 
state, andfholding at least ten'shares, shall be eligible aa 
a director of the principal bank J nor shall a director ol 
any other bahlc tie eligible as a director of either of th! 
said banks. Eleven principal directors shall be elected 
by the stockholders in each bank a Abe if annual meet* 
ing lor f!ie well ordering of the affairs of the said Corpo- 
rations, seven of whom being dtrecjnriof the Cape Feat 
f # bank, shall reside in the town' of Wilmington, and sevet 
bi ing directors of the bank of Newbern shall reside in tb4 
town of Newbern. The board of principal directors oi 
each Bank shall appoint arihually the directors . of th< 
several branches ^nd agencies, and oilier officers required 
at»the«ai4 branches and agencies. 

A number of stockholders, not lei* than thirty, who tj$ 

Calling ,gether shall be proprietors of one hundred shares or up* 

of stock- war( ] s ^ sna i| have power af any time to demand a genera 

meeting of the stockholders for purposes relative to*th< 

saicfe corporations respectively : and upon such dejnamc 

the' president of the bank shall call such meeting, givuu 

:it least four weeks notice in a public gazotte pubhshed it 

,. the city or* Raleigh, and specifying in such notice the obi 

.shali'ijive j ect °* objects of such meeting. Every cashier of th< 

fvncTand said bank* before he enters upon the duties of his oft-e 

sfecm;ty s | la i| h e required to give bond", fptji two or more securities 

to the satisfaction of the directors, in a sum not less" thai 

fen thousand dollars, with condition for his good beh» 

viour. The total amount t>f the debts which either of tin 

said corporations shall at any time owe* whether by. bond 



r 



r 



I 



r^ 



' • BANK* ^ 

(mII, note, or- other contract, shall not exceed the sum of tteatric* 
two millions four hundred thousand dollars, over and a* t,ona m 
buvc the sum then actually deposited in the said banks dlSCOunt8 * 
respectively for safekeeping, unless the; contracting of any 
greater dsjn shall have been ..previously authorised by a 
law of this state* • « 

In cases of excess, the directors under whose adminis- 
tration it shall happen shall be liable for the same in their Director* 
natural and private capacities ; and an action of debt may liable t n 
b such case be brought against them, or any A them, cerUua c ** 
their or any of their heirs, executors, or administrators* 
In any court of record of this state, by any creditor or 
creditors of said corporations, and may be prosecuted to 
judgment and Execution : any. condition, covenant, or 
agreement to the contrary notwithstanding. But this shall 
not be construed to exempt the said corpora* ions, or the 
lands, tenements^ goods, or chattels of the same, from 
king also liable and chargeable with the said excess* 
Such of the said directors who may- have been absent 
when the said excess was contracted or created, or may • 

ve dissented from the resolution or act whereby the • 

same was*so contracted or created, may respectively e«o- 
nerate themselves from being %o liable, by forthwth giv- 
ing notice of the fact, and of their absence or dissent,  
with or before some^notary public, and to the stockhold- 
ers at a general meeting, which they* shall have power to . 
tall for that purpose* * 

The treasurer of this state shall be furnished, from time __. 
to time, so often as he may require, not exceeding once quired, 
*Q three months, with a statement of - the amount of the treasurer 
capital stock of each of the said corporations, and of the t ?^*I ur< 
debts due to each ; of the monies deposited in each, of ™* th a 
the notes in circulation, and of the c^sh on hand, aad atatemtnf 
» shall have a right to inspect such general accounts in the °f the situ* 
]k>ok* of the said corporations, as shall relate to the said tbejliuifr 
tfatements. Provided, that this shall upt be construed to * 
a right of inspecting the account of any pxiv&te*individual I 

or individuals with the said banks. 

LX. § 9. From and after the first day of January in Whentfc« 
** year ,1816, the paper money issued by this«state »nj^ g ^ 
™* year 1783 and 1785, shall cease to be a tender to or cease to be 
from either of the said banks, except to the* state bank, a tender. 

LXI ^to. The president and* directors of the said, 
**°ks of Cape Fear and Newbern shall not issue any, 
*** or notes under the sum of one dollar; and from and # ' 
•ft** the fine day of July next, the llth section of an act** 

K 



- passed tn the year 1S0+, entitled " An Act ■*> establish 4 
bank in the town of WUjnington," and the 12ih section 
of an act passed in the' same tf ear, entitled " An Act to 
incorporate; the Newpern Marine Insurance Company, 
and to establish a banV,i"4Said town," also an act passed 

' in the year 1809, entitled " An Act to regulate the banks 
of Newbern and Gape Fear in certain cases," shall be and 
the same are hereby repealed and made void. 

LX1I. .§11. A ta*x of one per centum per annum 
shall be levied on all stockholders in each of the banks of 

1 Cape Fear and Newborn, except on the stock holden by 
this state, Which shall be paid to the treasurer of this 
state, which shall be paid to the treasurer of this state, l-y 
the presidents or cashiers of Baid batiks, \m or before tht 
first day of October in each. and .every year. 

LXlIf. §-3 2. Thetieasurer of this state shall be and 
he is hereby authorised and directed, *!h soon as he can 

iy conveniently do the same, to issue treasury notes to the 

* amount of 82,000 dollars, of the following denominations, 
to wit, of five cents, tin cents, twenty cents-, twenty-five" 
cents, thirty cents, forty cents, and fifty cents; and tht 
notes shall have such margin, and di vices as th» treasurer 
skill think proper to adopt . — shall be made payable to 
bearer at the treasury of this .state ;— shall be dated awl 
signed by the treasurer, and immediately be paid over by 
htm to the cashiers of the bunks of Cape Fear and 
Newbern, in, equal proportions, thereby paying to each of 
the said banks for lour hundred and ten shares of stock 
in each, to be subscribed for the state as aforesaid. Th« 
said treasury notes shall not bear interest. They may bt 
thrown into circulation by the said banks, and they shall 
be redeemed by the treasurer fronjtime to time as theT 
shall be presented for pavment ; but by him may again W 
circulated ; and they shall be receivable in debts and taxes 
due to the state. - , 

I.XIV. $ 13. The presidents of the banks of Cape 
Fear and •VeVbern shall make known tn the governor of 
this state in writing, tfithiti four months after the first 
day of January next, their acceptance of this amended 
charter ; and in case they fail to do so, tills act and every 
part thereof shall become void and of none efTtct. 

LXV. $ 17. The president and directors of said 
hanks may establish branches or agencies of their said 
banks at such place or places within this state as they may 
thinkjproper, and committhc management of said branches 

' and agencies, and the making discounts thereat, to aac h 



r 



• • 



r 



« BIGAMY. 75 

persons as\hey may deem proper. Provided, that at eac% 
branch or agency ho to be established, there be appointed 
Dot less than three directors, and that no such branch or 
tgeacy shall be removed after its establishment, unless « 
directed by the stockholders in their general electing. 

1816. C.6. 
LXVI. $ 1, Whereas it is expedient and will be 
advantageous to altet and amend the charter of the state 
bat of North- Carolina, and whereas the stockholders of 
the said bank, at a geneqnl meeting, havje given their as** 
fcnt to the following alterations and amendments of the 
said charter : — It is enacted, that- the treasurer of this 
fcte shall be authorised and directed, and he is hereby 
imborised and directed, as soon as he can conveniently do Treasurer 
the same, tQ issue the sum of 80,000 dollars in treasury directed to 
notes, of the following denominations, to wit, o$ five cents, 2 S S^ 000 
iix and a quarter cents, ten cents, twelve and a half cents, m treasury 
twenty cents, twenty-five cents, thirty cents, forty cents,, notes, 
fifty cents, and seventy-five cents ; and these notes shall 
W such margin and devices as the treasurer shall think 
proper to adopt, — shall be made payable to bearer, at the 
treasury of this state, — shall be dated, numbered and 
signed by the treasurer, or by such person or 'persons as 
lie may appoint and employ to assist him, in dating, num- 
bering, and signing the same, under his immediate con- 
trol, H superintend an ce, and inspection^ and immediately 
paid over, by him to the cashier of said bank : they may 
be thrown into circulation by the said bank, and they shall 
be redeemed by the treasurer from time to time, as they- 
shall be presented f6r payment, and by him may again be 
circulated, and they shall be receivable in debts and taxes 
due to the state. And the said treasury notes when so , 
received by the cashier, shalU be in part payment of % the 
debt due from this stale to the said bank, and the in- 
terest accruing on so much thereof, shall immediately " 
<ease. 

BASTARDY. 

fre rice and Immorality 8. 9, 10, 11, 12, 14, 15, 16. nie^itihaate'CWl- 
faa. Intestates' Estates 4. • 

BIGAMY. 

ir90. c. n. 

'• $ i#. If any person now married, or who hereafter Penalty 
|jj*ll be married, dotk takejo him or herself another bus- lbr b>g±my 
tad or wife, while his or her former yr'M or husband is 



'*^7I 



^(| BILLS JOF EXCHANGE* 

still alive, every such offence shall be felony ; and the 
person so offending shall suffer death as in cases of felony. < 
Provided always, that this act shall not extend to any 
person or persons whose husband dr wife shall continually 
remain beyond sea for the space of seven years' together, 
nor to any person or persons whose husband. or wife shall 
* absent him or herself in any -other manner for the space of 

seven 'years together, such person or* persons not knowing 
his or her said husband or wile to be living within that 
time. . * 

II. $ 2. This act shall not extend to any person or 
persbns who are or shall be, at the tirne of such afur 
marriage, divorced according to the mode established, or 
which shall hereafter be established by law ; nof^to any 
person or persons whose former marriage is by law de- 
clared to be void and of no effect, nor to any person or 
persons for or by reason of any former marriage had or 
xqade within the age of consent. 

1609. C. 26. 

III. If any person now married, or who hereafter shall 
Offenders Dc married, doth take to him or herself another husband 

£i»nl ffC or. wife while his or her former wife or husband is still 
living, every such offender shall be a felon without bene* 
fit of clergy, and shall suffer death. 



Not to i 
t 4*t to 

certain 
pel-sons. 



(clou*. 



BILL OF EXCEPTION. 
See Practice 5, 1&. Superior Courts 1< 



Foreign 
b Us pro- 
tested to 
carry ten 
per cent 
mteieat. 



Kot more 
than eifrh- 
fee month 
interest 



Ifomages 
15 per cent 



# BILLS OF EXCHANGE. 

1741. C. 16. 

* 

Y« ) § 1- \$ T here any bill of exchange is or shall here* 
after dc drawn for the payment of any sum of money t in 
which the value is or shall be expressed to be received, 
and such bill is or shall be protested, for non-acceptance 
or non payment, the same shall parry interest from the 
date thereof, after the if te of ten per centum per annum, 
until the money therein drawn for shall be fully satisfied 
and paid* 

II. $2. No person "whatsoever shall pay more than 
eighteen months' interest from the date of any such bill 
till it shall be presented protested to the drawer or in* 
dorser thereof. 

III. § 3. Where any bill drawn before the making 
of this act, or which shall hereafter be drawn, is or shall 
be protested as aforesaid,. there shaji be paid unto such 



Ifl 



!■ ■■■" 



•ILLS OP EXCHANGE. 



il 



person or persons as shall have a right to demand the 

same, for his, her, or their damage in that b«half sustain* 

ed, after the rate of fifteen per centum for the strirn ex- * « 

pressed in the saiA bill, together with the costs and chift> 

gts of the protest, and*no more. % 

IV. § 4. .It stall and nf ay be lawful fir any person Drawer 
or persons having a right to demand any su/n of money aqftincior* 1 . 
due upon a protested bill of exchange, to commence and 9 r ™*> b * 
prosecute an actual for principal, interest, and charges of %£&/ 
protest, against the drawer and endorsers jointly, or «« 

piast either of them separately ; and judgment shall and 
suy be given for such principal draught and charges, and 
interest after the rate of ten per cent, per annum as afore- 
said to the time of such judgment. 

1796. C.22. 

V. $ 1. When any bill of exchange shall hereafter j,,^ 
lie drawn Jby any person residing in this state for the pay- protested, 
neat of any sum of money in any of the United States, to carry 6 
» which the value is or shall be expressed to be received, P erceoW 
and such bill shall be "protested for non-acceptance or non- 
payment, the same shall carry interest from the date 
thereof, after the rate of six per centum per annum until 

the money therein dr&wn for shall be fully satisfied and 
paid. 

VI. § 2. Where any bill of the foregoing descrip- ^ 
tion which shall hereafter be drawn, shall be protested at* 
aforesaid, there shall be paid unto such person or persons 

as shall have right to demand the^ame, for his, her, pr joner 
their damage in that behalf sustained, after the -que of ce ntd»ma- 
tea per centum on the sum expressed in the said bill, to- g<»* 
gether with the costs and charges of protest, and no more. . 

VII. § 3. It shall and may be lawful for any person , 
or persons having a right to demand any sum of money 
doe upon a protested bill of f&change of the description 
aforesaid, to commence and prosecute an action for prin- Drawer 
cipsJ, interest, damages, and charges of protest, against ma imlor *- 
the drawer and indorsees jointly, or against either/of them "mOy^ 
separately, and judgment shall and may be gtvetf accord* *u*l: 

See Interest 2,3. 

JILL OF SALE. 

fee Slaves 44. 40, 51, 52, sod ttegistratioo. * 



BIRTHS. 

8ee Registration 1,' 



78 BOATS, CS.NQE3.fce. 

% BOATS, CANOES, £c 
, ' t „ 1T4.1. C. 13. 

• t. § 2. Any person or persons, wfco after tl 
•JfV tailing tion pi, this act shall take away from any "land it 
■vi-hout place where (he same shall be*, any bo at, canoe oi 
tor*&.'i5o» b c l° n g'fg to or in the custody of any person w 
without the consent and leave of the owner ot 
of such boat, canoe or pettiagau, or skjftM loosi 
or loose such boat, c:inoe or ptuiagaA adrift, si 
cr or offenders shall severally forfeit and pay to iuc pan. 
who shall own, or in whose custody and possession sue! 
boat, canoe or pettiagau was, the sum of twenty shilling! 
proclamation money, to be recovered by a warrant froc 
any justice of the peace within the county where the of 
ience shall be committed, who is hereby empowered an 
required to hear and determine all such offences ; and i 
any offender shall after conviction neglect or refuse t 
pay the said sum of twenty shillings proclamation mosey 
in. such case it shall and may be lawful for the said jus 
tice by his warraift to commit such person to the jail P 
the county, where he shall remain until he shall have pai 
the same and the accruing costs, 

II. $ 3. Nothing in this act shall be understood (i 

jr lvfll!e construed to debar any person from his or her action a 

at L.numon commun law, for any damage sustained by reason of an; 

•»*■ - boat, canoe or pettiagau to them belonging, so taken o 

milnostd, unmoored or turned adrift, from any landin 

or other place where the same Was left, against apy pet 

son whatsoever, notwithstanding such person shall hav 

paid the penalty by this act inflicted. 

Penalty "** § *• 'f an >* white servant, negro or slave, shal 

far slave* offend against this act and be thereof convicted, and d* 

«r servants master, mistress or ownc^ of such white servant, negr 

or slave shall refuse to pay the said sum of twenty shil 

lings proclamation money, such servant or slave shall sui 

fcr confection by whipping, at the discretion of the ma 

gistrate, not exceeding thirty nine lashes. 

Hot to ex- iV * $ 5 * Neither. this act, nor the penalties tber,eq 

tend in shall be construed to extend to any person who shall pres; 

pertain any boat, canoe or pettiagau by public authority, or to 3D) 

perrons, person wnQ s hall seize his own proper boat, canoe or pet 

- tiagau, or to any person or persons being lawfully empo*' 

ered »o to do by the owner, from any place or landing 

or from any person in whose custody he shall find tht 

■same, or to any servant or slave taking any boat, canot 



r 




^p^^ 



BONDS. * 7$ 

drpetttagau from any landing or other place by order of „ 
his or htrr master, mist Ass, or overseer. * 

V. § 6. If any master, mistress, or overseer shall or- 
der any servant or slave belonging to them, or Uhder the 
•care of any of than,' to take from any lantfrog, or other m .' st "^ 
place, any boat, canoe, or pettiagau, contrary to (he intent or overs Jer 
♦and meaning of this act,* such master, mistress, or over- orc ^ r "ff» 
teer of such servant or slave so offending, shall, be liable t £ e J^j tT 
to the forfeitures add penalties of this act, as if they, in 
their proper pccsou, bad done the same, i 



* 



BONDS. 

1790. C. 16. 

I* $ 3. It shall " be the indispensable duty of the 
(he Clerks of the county courts, and. they and every of cierk to* 
them are hereb/etrictly required to fnake a record of and record 
ester at large on their dockets, the names of those iusti- ? aTTUS0 * ' 
.ces^o^ the peace who shall be in court, or on the bench atp in »ti>t, 
''toe time of the qualification of their sheriffs, clerks, en- wiin» <e-r* 
try-takers and registers ; and if the said clerk sha^l fail or tanl °^ 
neglect to make such entry and record as aforesaid, and $ y- A 
being thereof convicted in any superior court of the dis- 
trict in which the county shall be situated, ho shall forfeit 
hi* office,* as a punishment for such failure or neglect as 
aforesaid ; which justices of -the peace, in cage of their 
failure to take the bonds by law required, shall be con- ' 
suiered as being, and they are hereby declared to be Jv** ,rr3 
bound and liable, to. all intents and purpo?es, as the secu- x ^ e boud* 
ritics of suoh sheriff, clerk, eqtry taker or register/ from liable. 
jrhora they may have failed to take bonds, in as full and 
ample manner as though sjich bonds vferc taken, and they 
had actually been named therein, and had subscribed th« 
same as his or their securities* and they and each of them 
shall be ^proceeded against accordingly, by the treasurer 
and others concerned; in all which instances or sui^s, a 
copy of the record of the court, attested by tlje clerk, i^ 
hereby declared to be Ifgal and sufficient evidences shall 
be admitted as such, and judgnfent shall be had tln-rcou, 
accordingly. - 

1791. CIO. I 



H# $ 2. All bonds that are or mav be taken 



navaoic 



»„ Hrm:i 



-»♦ V *• ixn uonus max arc or mav ac raivcu Kiwi.nu 
f «o ine governor of this state and. his successors, ana ci- <<nt . n , i;l . 
rected By Up to be assigned by him to the party injuivd, uclU iuh. 
•hail and may iu future be sued and prosequi* J, u* the >oc ***** -l * 



86 



BONDS? 



name of the government by the. party in 
tlje necessity of such assignment^ 
1793. C.8. 
■III, $ 1* , It shall and may be lawful 
Public of- or persons injured by the neglect, misqpm 
*"''*' haviour in ollice of any of the clerks of t 
able InHh* couut 7 courts, clerks and masters in equity 
nnie of try -takers, surveyors, sheriffs, or constable 
the prnon su it or suits against the said ftfficera and their securities, or 
iwiible" an y °^ tnem , upon their respective bonds, for the due per- 
formance of their duties in ollice, in the name of the person 
or persons to whom the said bpnds'are made payable, 
without any assignment thereon. 

IV. §2. The person or person^ so injured and bring- 
ing suit as aforesaid, shall be and are hereby declared to- 

• Pnrtyin- be entitled to receive to his, her, or their own use, ail 
: " monies so recovered, in like manner as if the suit or suits 
had never been instituted in his, her, or their own name 
Or names on assignment as heretofore required, provitU 
ed the person or persons so injured, and bringing suit ** 
aforesaid, shall state in the declaration as he, she or they 
are hereby authorised to do, matter of inducement suffi- 
cient.to show the court in which silch suit or suits may be 
brought, at whose instance and in whose behalf the same 
is or are brought. < # 

V. $ 3. Any person or persons injured as aforesaid, 
. i* by any of the officers aforesaid, may, at his," her, or 

Wei m»j- tnc j r elections, bring an action* on the case against such 

jj^„. officer or officers, and recover damages for his, her. or 

- their injury as aforesaid, or an action of debt as above 

directed. 4 

VI. § 4. '■ All clerks of the fjuperior and county courts, 
clerks and masters in equity, registers, public inspectors 

PuMic of- an< l surveyors, shall and, they are hereby required W 
firer*w renew their several bonds for the faithful discharge of 
their duties#in office, with good and sufficient flee* 
' ;s, at* the several and respective courts wherein 
they have .their appointment, which shall be held after 
the first day of June next ensuing, and once in every 
three year* always thereafter ; Slid \t is further declared 
that all such of the said officers as shall refuse-or 
to renew their respective boncTs, at the times before 
tioncfl, and to give other and better securities when 
£«, ed necessary, hy the sntd. courts, shall be AnsiTfet 
" having forfeited their respective offices. And the si 
courts which have the appointment of such officer c 









Piu-t*- 
jural mt 



the. r bonds 







BOOK DEBTS, 81 

eere so refusing or neglecting as aforesaid, shall, ted they 

tat hereby required to proceed to the appointment of 

others hi the place or places of him or them so refusing 

or neglecting. 

1810. C. 18. 

VII. All suits on sheriffs, superior conrt clerks, and " 4n\t$ otf 
clerks of the courts of pleas and qiiar^sr sessions bonds, clerks' and 
if the right of m action has already accrued, shall be com "wdf** 
nenced and prosecuted within three years* after the pas- 
sage of thij act, and not afterwards. And all such 
.suits, in case the right of action*, shall accrue hereafter,, 
shall be commenced and prosecuted wkhin six years 
lifter the said right of action shall have accrued, arid not 
afterwards ; saving, nevertheless, the rights of infants* 
feme coverts, and persons non compos mentis, so that they 

fae within three years after their disabilities are removed* 

« 

&e Abatement 4. Administrators and Executors 9, 10, 13, 34. Appeal* 
J, 1 Attachment 2. Bail 8, 10. Clerks of the Superior and County 
Courts 1, 4> 6. r. Clerk and Master 1, 3. ' Collectors o/ Arrears 1. 
Comptroller 7. Constables I i. , County Trustee I. Entries 4. Entry 
Takers and Surveyors 2, 5. Perries 6. Guardian and Ward 4, 6, 9, 18, 
50. Ideots 1. Inspections 1. Interest 2, 3, 4- Joint and Several 
Contracts 1, % 3. Judges' 8. Judgment Bonds 1. Justices 13, 16. 
Limitations 8. Marriages 8* Mills 8. Notes, Bonds, and Orders 4, 5; 
Ordinaries 2- Pilots 1, 6, 15. Printer 5. Prisoners, Prisons, and 
tacks % 3, 9, 10. Uegjster* 1. Secretary 2, 4. Sheriff % 6, 11, 12. 
Asm 6, 23, 37,65, 68.x Strays 12, 13. Superior Courts 9, 1* Axes 
J& Tobacco 2, 4. Treasurer 4 Usury !• 



BOOKJDEBTS. 

1756. C.4 

, I. $ 9. In any action of debt or upon the case which ^v^ 
kith been or shall be brought where the plaintiff hath de- f^^jj 
clared or shall declare, trpoa an emisset indebitatus as- oath of the. 
tampsit quantum valebant or quantum meruit, for gpods, party. 
vares, and merchandise by him sold and delivered, or 
for work done and performed, shall file his account with ,__, s 
kit declaration ; and upon the trial of the issjie or execu- *"* 
ling a writ of enquiry of damages in such action, shall de* . 
dare upon his corporal oath or solemn affirmation (as the> ^ 
taseitiay be) that the meperin dispute is a book account, *% 
tad that he hath no means to prove the delivery of such 
articles as he shall .then propose to«prove bv his own oath. 
Or my of them, but by his book&£ and£n &*ti%ase, sucl^ 
book slUdl aid maybe given in evidence, if'ft shall make 
*>t by his own oath or affirmation that such book doth x 

cwatain a' true accoubt of all the dealings, or the hist set* 

L 



BOOK DEflTS. 

tjeme nt of accodnts between them,- and that" all the offi- 
cial therein contained, aijd'by him so proved were bona 
fide delivered, ami thai he hath given to the defendant 
all just credjis ; and such book aud oath or affirmation 
shall be admiycd and received as good evidence in any 
court of law for the several articles so proved to be de- 
livered within two years before the said action brought, 
but mot for any article of a longer, standing" ; and where 
the person who delivered such goods, wares, or merchan- 
dize, or performed such .work or labour, shall die, his ex- 
ecutors or ad mini stratify may give his hook in evidence 
upon his or their making oath or affirmation that they ve> 
rily believe the account as there charged is just and true 
anu that there are no witnesses to rajs or their knowledgt 
capable oi proving the delivery of' the sereral articles, a: 
> he shall propose to prove by the said book and oath c 
affirmation, and thflt he found the book so s tat ad and doll 
not know of any other or further credit to be given thai 
what is ^ei-t mentioned ; and such book aud oath o: 
affirmation shall be admitted arid received as evidenct 
I or any articles delivered within the time 1 ' aforesaid. 

II. $3. A copy from the book of accounts provei 
,,tn manner herein before directed, shall and may be givei 

in evidence in any such action ns aforesaid, and shall hi 
as available as it such book had been produced, units 
the trtfendant or his attorney sffall give notice to ill 
plaintiff or bis attorney at the joining of tha isSue, th.i 
he will require the book to'be produced at trial; and ii 
that case no such cop)- shall be admitted or received a 
elide nee. & 

III. 6- 4* The defendant shall be atliberty (o conttff 
i-the plaintiff's evidence, and'oppose the same_ by othe 

legal evidence ; and where the defendant shall be an exe 
cutor or administrator, his testator's or intestate's boo 
shall and may be given in evidence against the plaintiff ' 
book, where the plaintiff is an executor or adnrhmtratoi 
for such ankles as shall be proved in manner aforesaid. 

IV/ § 5. No book of accounts, although the sam 
may be proved by witness or witnesses, shall be admittet 
, or receic-d as evidence in any action for goods, wares, o 
merchandizes delivered, or for work done above five year 
before the said aciiom arou^ht, except in cases of person 
being .oiiAStft tovbrr1$iei>t, or where the account shal 
be settlt-d aW*B;gned by the parties. • '■, 

V. $6. 'No' plaintiff shall beat liberty to prove b< 
his hook and oath or a&rmation as aforesaid, in th* tru 



^•'V 



' BRIDGES. 8$ 

fit any such action as above mentioned, any article or a*- -wlis" ex- 
tides, the amount whereof shall exceed the sum of thirty q-eed.nff 
pounds proclamation money. » o&i.noito 

r * ^ fc be so P ro " 

1796. C.23. % vpL up 

VI. § I. In aU trials at law, where the cause of ac* 
don may be .a book account, and to which executors or jf twa 
administrators -oiay be either plaintiff or defendant, antf years e- 
two years from the delivery of the articles have nqt V 1 P** b * , l 
elapsed previous to the death of the deceased : in that °fde c !^s- 
case, such executor or administrator on proving that he ed, vrlmto 
found the account so stated ou-tl\£ books of the decease*!, b ^ done ' 
ami that he believes the fcaine to be just, shall be at libei> 
* ty to give such account in evidence, either where he is 
plaintiff irr the suit, or where such account may be pleaded 
as a set-off against the demand of the plaintiff, although 
more than two years may havs; elapsed previous to the 
bringing such action, provided suit is brought thereon of 
let-off pleaded within pne year a/;er the dead} of the de- 
feased, or administration granted* 

See Tune 1, 2. Limitations. 

* _ 

BOUNbVRIES OP TAXOS, 
6ee Views. Procesiioners « 

BRIDGES. 

* 1784. Sess.IL C. 14. 

I. $ 5. Where a bridge shall be necessary over any County 
place where the overseer, with his assistants, cannot con- court to 
venientiy make it, the court of that county wherein such J^b^Lfc* 
place shall be, is. hereby empowered and required to cor\- ivg. 

Jpact and agree for the building, keeping, and repairing , 
hereof, and to levy the charge on their county; and 
where bridges shall be necessary over any creek or river 
which divides one county from another, the court of each 
county shall join in the agreement r or building, keeping, 
and repairing the same, ami the charges thereof shall be 
defrayed by both counties, in proportion to the number 
c-f taxables in each. 

II. $ 6. All and every contract* agreement, and or- * 
<Jcr by the justices of the court of any of the counties 
aforesaid, eat ere d into or made for «r concerning the build* 
ing, keeping, or repairing bridges, in such manner as ta 
them shall seem, most proper, shall be good against them 
and their successors. x 

III. §7. Tfte justices of the courts through whose Toiibhd- 
CQyntie* run large w t at$;r courses or creeks, which, from^ci* 






the rapidity of the water and width of the stream, waT>( 
1 too bunhensome to build bridges and keep them in rtpait 
by a taxonthe inhabitants, it shall and may be i»wiiil 
for the majoriry of the justices of such courjty where it 
may b« necessary, to contract with builders* to build toll 
bridges of extensive causeways ; tor each of which each 
county is hereby authorised and required <o lay the toll 
to be paid on all persons, horses, carriages, and cattle 
passing over the same; the revenue arising from which, 
for such a number of yeurs as the said courts may agrtt 
upon, to be granted untp the builders of the said bridges 
their heirs, or successors ; for t rebuilding thereof, whict 
bridges being built under the direction of the said courts, 
and the revenue arising from the toll thereof, so granted 
tiie said builder or builders, his of 'their heirs or suctes 
mors, shall keep it in constant repair, at his or their sot 
expense, in default of which, on conviction, they are here 
by -declared to forfeit all right and title to the toll allowa 
by the court. > 

See Orersetrsof Roads 7. Roads. Ferries, 

BVRlAtS.* 

ms. C. 47. * . 

i I. $1. Every planter, ownar, attorney, or overseer t 

' every settled plantation in this government, or that hen 

5 after shall be settled, shall set apart a burial place an 

fence the same, for the interring all such Christian pel 

sons, whcihur bond or free, that shall Hie on their plants 

tion ; and that before the interring there shall- be calle 

at least three or four of the neighbours to view the corps- 

and if it appears to them that the person came to his i 

her death by any violence or unlawful means, notice then 

of shall be given forthwith to the coroner ot the precinc 

so that proceedings may be had thereon according to law 

and in case any of the persons so called shall refuse I 

come and v:tw, he or she so refusing shall forfeit an 

pay the sum of five shillings, to be levied by a warm 

from the next justice of the peace, and paid to the chu re 

£ wardens' for the use of the poor of the said parish. 

II. $ 2. If any person so dying thai) be buried cot 

trary to the true intent and meaning of this act, the pr 

" son or persons occasioning the tame, shall forfeit and pa 

the sum of ten pounds, one third to the informer, or 

t third to the lords propraetors,* and the other third to tf 

£" poor, to be recovered by bill, plaint, or information, i 

the general court of this government : unless such pent 



I* ^ ■■■»* 



* « 



•^ df~-f*Z ~ yew— a- 
/Wi- eggs 



CATTLE, HORSES, AND HOGS. SS 

• 

Id their lifetime signified their desire of being interred 
elsewhere,* or unless the person concerned in such burial 
can make it appcamh^t so many of the neighborhood re- 
fused to come, on notice givfen to them |o appear and 
jriew the corpse,\t>r that he oould not, without great tra- 
vel and expense, or damage to the corpse, keep it any 

longer* , • 

• See Registration 1. 

* CASE AOREE0. 
See Practice 5, 9, 19. 

^**^nnn^*^* 

CATTLE, tfORSES, AND HOGS. 

1715. C.44. # 

I. § 4* If any person or persons whatsoever, either Not to be 
inhabiting: in Virginia orHhis government, shall, after the JJf 1 ^.^ 

-n • • * l- ^ j« i j^ Virginians 

ratification of this act, presume to drive, lead, transport, ^ the land 
or carry any cattle, horses,, or hogs, to range upon any of persons 
'person's land, shall forfeit and pay the sum of ten pounds ; hcrc * 
^s and that no person or persons whatsoever inhabiting in v 
this government, shall give leave to any person or persons, 
either inhabitants or foreigners, to turn loose, drive, or 
pat on his land, any horses, cattle, or hogs, under the 
like penalty of ten pounds* 

II. $ 5. No foreigner whatsoever, either by consent Foreigners 
or permission of any other person or persons inhabiting not to be 
in this government, or otherwise, shall presume or offer J^™!^ 
to drive, lead, or bring into this government, any stock f tock here. 
of cattle, horses, or hogs, with intention to winter them 
here, or to destroy the herbage or mast, under the penal- 
ty of twenty pounds ; and it is hereby mf ant and intend- * 
ed, and so shall be understood and taken, that no person 
shall be deemed an inhabitant that holds lands by entry, 
survey, at patent, but such as actually and constantly re- 
side on such lands, or keep the same always tenanted, 
cultivated, and improved* j 

III* $ 6. The ranger o£ each precinct or division n anfrcp 
where such offence shall be committed, or on his default to distrain-. 
the keeper of the toll book is hereby appointed to make * 
distress of sucji cattle, horses, or hogs, of any person or 
persons offending, the one half of whic# fine or forfeiture 
shall be to the ranger or keeper of the toll book, which- 
soever shall make the distress* and the other half to the * see 
churchwarden* and vestry, for the use of the parish where penalties. 
•the offence shall be committed* 

IV* 4'* AB fines and forfeitures in this act men- 



CATTLE, HORSES, AND HOGS. 

'lied, and not expressly mentioned to whom they ghaty 

paid and how to be recovered, shall be one half to the 
urih wardens* and vestry, for , the use of the parish 
wre the offence shall be' committed, and the other half 

him or them that will sue for the-moie in any court of 
:ord in this government, by bill, plaint, or information^ 
tereinno essoin, protection, wager of* law or injunction, 
all be allowed or admitted of. • .  . 

1733. C. 11. 
V. § 1* No person being an inhabitant of this govern- 
:nt, and not having a freehold of fifty acres of land, or 
sscssed of or occupying lands at tenements, shall keep, 

owner, a stone horse or horses, or unspayed mare or 
ares, or any more than one gelding or spayed mare to 
ii at large. 

VI.- ^2. If any person not qualified as" aforesaid, 
all keep any horse or mare running at large, except 
e gelding and one spayed mare as aforesaid, it shall 
d may be lawful for any person to take up the same, 
10 is hereby obliged *nd directed to give notice thcre-a 

in writing to the owner within three days after such' 
Iting up, which owner shall have liberty to appear at 
e next succeeding court of the county wherein he dwell- 
It, and if he can prove to the satisfaction of the said 
ut(, that he is qualified according to the meaning of 
is act to keep such horse or mare so taken tip, he shall 
ve the same restored : hut if he shall fail in his proof 
we said, he shall pay to the person taking up, twenty 
tilings for every horse or mare so taken up ; and if he 
e owner of such horse or mare shall refuse to pay the 
ores a id sum>pf twenty shillings, that then it shall and 
ay be lawful for the taker up of such horse or mare to 
U the same at public vendue to the highest bidder, and, 
it half of the money arising by such sale to take to him* 
If, and the other half, he shall deliver- to die owne rot* 
ch horse or mare. \ 

VII. $3. Where th» information of the taking up 
such horses or unspayed marcs as aforesaid shall hap- 
n to be made to the owner or owners, within leas than 
n days before the time of the sitting of {he court of the 
ecinct where SMch owner resides, in such case he shall 
iv« liberty to appear at the next succeeding c our r after 
ch court, to prove himself a freeholder, or possessed, 

or occupying lands or tenements. 

VIII. $ 4. No person or persons whatsoever, inha* 
tants of tail government, shall suffer or let g» *t l*Jg* 




fjATTLE, HORSES, AND HOGS.' %*t 

any stone horse or stone horses of two years old, unless es not to 
such horse or hordes' shall be at least thirteen hands in mn at 
keight, upon .penalty of forfeiting such horse or horses, ^^ e * 
or the sum of three pounds to the taker up of every * «~ 
such stone horse, provided the sake be fountl running at 
Urge and "not within the confines of any fence, water \ 
marsh, or swamp. 

IX. § 5. The taker up of such stone horse, shall, Taker 
within ten days after the taking up thereof, carry tfie up how t» 
time horse, and make oath before, some justice of the F ocet<1 « 
peace of his taking up the same ; jyhich proof- Aing 
made, the justice shall cause such stone horse to be 
measured, and upon finding him not full thirteen hands 
high at two years old as aforesaid, trie justice shall give 
a certificate from under his hand, certifying the same, and 
thereupon the taker up of such horse or horses so doing, 
Shall keep the same until the owner shall redeem such 
horse or horses by paying the sum of thrle pounds as * 
aforesaid to such taker up. 

X* $ 6. Such taker up shall set up advertisements, 
describing* the said horse or horses, with his or their 7°**" 
colour and brand, at the precinct courthouse door where 
sach%wner shall live or reside ; and if the owner of such 
korse or horses shall Within ten days after such notice 
• given, tender to the taker up thereof by paying the sum ' 
of three pounds or giving security for the payment there* 
of, that then and in such case such owner shall recover 
tad redeem such horse or horses, otherwise the taker up 
thereof is 'hereby entitled to the right and property of 
tuch horse or hor,ses. 

1729. C. 5. 

Xl. § 2. By, th* above act of 1715, there is no 
method appointed for disposing of such distress or pro- 
ceedings therein, therefore when such distress is made,£ * 
ot which tnay hereafter be made by the owner of the % 

had as well as the officers aforesaid, the stock so dis- 
trained shall be kept four days unices sooner redeemed i^^^^ 
or replevied by the owner, who, on paying the penalty proceed 
and reasonable charges, shall have tMpi at any time wiih-.viih. * 
ia fpur days after* the seizure, otherwise after the expi- 
ration 6f the said fottr days, they shall be appraised by 
three indifferent freeholders, to be appointed and sworn 
by some magistrate, and the property shall be immedi- 
ately vested hi the person or persons seizing the same^ 
ke or they returning the said Appraisement to the clerk 
of the precinct court) with an exactaccount of the marks 



HORSES, CATTLE, AND HOGS. 

Or brands of such horses, cattle, or hogs, which shall b> 

Set up at the courthouse the next court ; and any persoi 

Temrtt P rov ' n 8 the. right to such cattle, horses, or hogs, at any d 

9*"* the four next courts in the said precincts, after such re 

turn of that appraisement, having j»i ven the distrainer no 
, tice, shall have an order or judgment of the said court fo 

the overplus,, according to the appraisement, the penalt 

and charges deducted, 
enaltv, XH' § 3. The penalty of ten pounds in the said at 
m raw- f iyis, c. *+, may be recovered by distress in like mai 

ner, •provided that no guardian or executor shall be el 

eluded by the said act from bringing any stock undt 

their care on their laud. 

XIII. $ 4. The stock of any inhabitant of anotht 
government, being found on peoples' lands in this govern 

liners ment, contrary to 1715, c.4S, shall be deemed to be drive 

njlit- thither by the owners, unless it can be proven that the 

Mil * : - strayed by some unavoidable accident and were pursued 

m and have not ranged above four days, provided such dis 

tress be Blade four miles to the southward of the line b( 

(Ween this government and Virginia. 

XIV. § 5. No person within thhr government aha 
tnalty P resume to hunt, drive, "or kill any stock, deer, or 0hm< 
tilling on any person's land within this government, except neigr 
rivmg bours whose lands are »ery near adjacent, without leav 
ler>« £i'it-had and obtained from the owner of the said Ian 

whereon he or they shall be found ranging or hunting 
contrary to this act, under the penalty of five pound 
{preach and every time he or they shalfcbe found ranginj 
the one half to the owner of the land the other half to th 
informer ; to be recovered by a warrant'from two justice! 
wlrcreof One to be of the quorum, which snid justices ar 
hereby empowered finally to bear and determine the sami 
•>- * 1741. C.8. 

XV. $ 2. If any-free person or persons shall sees 
any neat cattle or hog, or shall alter or deface the mat 
or brand of any oth -r person or persons' horse, neat eattlt 

reulin|r or no S» 8Ucn P crson ° r persons being thereof lawfully con 

iurk- vieted, shall, for evi*y neat cattle or Bog he or they sha 

'"' '"'"■ steal, or for. every horse, mare, colt, ne»t cattle, or hog 

e'fklc wnrise mark or brand he or they shall alter or deface, ove 

and above the* value of such neat cattle or hpg so stolen 

o» for every horse, mare, or colt, neat.cattlc or hog, who* 

mark or brand he or they shall alter or deface, forfeit ant 

pay the sum of ten pounds proclamation, money, to be re 

covered by action of debt * n an y C °W? of record withii 

this province (wherein no essoin, injunction, protection 




t 



CATTLE, HORSES, AND HOGS. 89 

* wager of law, shall be allowed or admitted of) by the 

owner of such horse, mare, colt, neat cattle, or hog, that 

shall be so stolen, or the mark or marks, brand or brands, 

so altered or defaced; provided he prosecute for tne 

same within six months after the discovery of the fact 

committed ; and after that time, any person may, as well 

as the owner, sue for and recover the same, provided 

inch prosecution is commenced within one year after 

discovery of the fact committed ; and the offender shall 

pvtr and above the Said fine, receive forty lashes on his 

bare hack, well laid on ; tfnd for the second offence shall 

fa> the fine above mentioned, and stand in the pillory 

two hours, and be branded on the left hand, with a red 

hot iron, with the letter T. And if any person or persons 

shall misbrand or mismark any unmarked or unbranded 

horse, mare, or colt, neat cattle or hog, not properly his 

or their own, he or they shall forfeit and pay the sum of 

ten pounds proclamation money, over and above the value 

thereof, for every such horse, mare, colt, neat cattle, or 

hog, so mismarked or misbranded, to be recovered as 

aforesaid* 

XVI. $3. If any person or persons shall see any Pmoos 
other person or persons committing any of the crimes »««ing 
aforesaid, and shall not discover the same in ten days to 'J^g, 
some magistrate, then and in such case such person or committed 
persons fur not discovering the said crime, shall forfeit and «o* 
the sum of five pounds proclamation money for every ^J^„ *^L 
time he shall see the said crime or crimes or any of them day* the 
committed ; to be recovered by any person or persons penalty* 
who will sue for the same by action of debt in any court 

of record in this province, wherein no essoin, protection, 
Injunction, or wager of kiw shaU be allowed or admitted of. 

XVII. $ 4. It shall be sufficient evidence to convict 

toy person who ha$ seen any of the aforesaid crimes _ 
committed, if it be proved that he has told any other 9 ballb« 
person that he did see the said crimes, or any of them, evidence. 
committed. ! 

XVIII. $ 5. If any v person shall hereafter kill any Killer of i 
one or mdre neat cattle or hogs in the woods, he shall ™*^f ***' \ 
whhin two days show the head and ears of such hog or w h atu>< j0. ' 
kogs > and the hide with the ears on of such neat beast or ' 
cattle, to the next magistrate, or to two substantial free- i 
holders, under penalty of five pounds proclamation mo- \ 
1**7 ; to be recovered by any person who will sue for the 
same, by action of debt, bill, plaint, or informaiion, in an/ 

M 



i 



90 



CATTLE, HORSES, AND HOGS. 



corded. 



Cattle 
bought or 
obtained 
4lc. to be 
brands. 



court of record in this province, wherein no essoin, pro* 
tection, injunction, or Wager of law sliall be allowed. 

XIX. § 6. Every person in this province, who hath 
any horses, cattle, or hogs, shall have an ear mark and 
briind y different frotn the ear mark and brand of all other 
persons ; which ear mark and brand he shall record with 
the clerk of the county where his horses, cattle, and hogs 
are, if not already recorded ; and that he shall brand all 
horses with the said brand, from eighteen months old and 
Earmarks upwards, and ear mark all his hogs from six months old 
to be" re- ?anc ^ upwards with the said ear mark, and ear mark or 
brand all his cattle from twelve months old and upwards, 
with the said car mark or brand* ' And if any dispute 
shall arise about any ear mark or brand, the same shall 
Be decided by the book of the clerk of the county court 
where such cattle, horses, or hogs are. 

3(X. $ 7. When any person shall buy any neat cattle 
from another, or come to the same by gift, will, or any 
other lawful means, that then and in such case, the per- 
son who has gained the same by any of the ways afore- 
said, shall, within eight months, brand the aforesaid 
neat cattle with his own proper brand, in the presence of 
two credible witnesses, a certificate of which shall be 
signed by the said witnesses. 

XXI. § 8. This act shall be publicly read by the clerk 
Cl*rk to °f every county court in this province, at least twice ia 

read this every year, viz. at the first court alter Easter, and the 
** u first court after August, in the morning on the second day 

of the court in open courts under the penalty of twenty 
shillings proclamation money ; to be recovered by any 
person, by a warrant under the hands and seals of any 
two justices of the peace of the county to the use of the 
informer. 

XXII. § 9. If any strange cattle shall go into the 
Strays to' cowpen of any person in this province, the owner of the 

be silver- cowpen, if he resides there, or the overseer, or manager, 
where the owner does not reside, shall be obliged to give * 
jB&blic notice thereof by affixing a note of the flesh marks 
and $ar mark and brand of all such strange cattle as shall 
be at his pen, at the church doors of the parish where the 
said cowpen is ; or where there is no church, at th#> 
courthouse door, in one month after such cattle shall come- 
to his pen, under the penalty of twelve shillings procla- 
mation money, for every beast that he shall neglect to 
give such notice of; to be recovered in the same manne* 
and to the same use, as the Sue lust mentioned* 



tised. 



lian 



^ATTLB, HORDES,. AND HOGS, 91 

s 

-XXIII* Q 10. If any negro, indian, or mulatto slave glare. 
.shall kill any horse, cattle, or hog, belonging to any per- < kiU» n ?hor- 
son whatever, without the consent of the owner or owbcr5^" ttle ' 
thereof, or shall steal, misbrand, or mismark any horse, thepenaity 
tattle, or hog, such slave or slaves shall for the first of- ( 
fcnee suffer both his ears to be cut off and be publicly 
wnipped, at the discretion of the justice and freeholders 
lefore whom he or she shall be tried ; and for the second 
offence, shall suffer death ; and the trial and conviction of a g e * ' 
Ac said slave or slaves, shall be in such manner as is pre- slaves, 
jcribtd by act 1741, c. 24.* 

1748. C.3. 

XXIV. $ 8. Persons driving stock to range, or stock" 
actually ranging on the Indian lands, shall and are hereby Hanging 
declared to be liable and subject to the like penalties ancf ?} oc lL*J n 
forfeitures, and may be proceeded against in the same^n^ 
fanner and subject to the same recoveries as by the law same pe* 
bt this province stock driven and ranging upon any white n»lUM. 
peoples' land are liable and subject to ; And the said In* 

dians shall and may enjoy the benefit of the laws in that 
case made and provided, in the same manner as the white 
people do or can. 

1766, C. 14. 

XXV. $ 2. It shall not be lawful for any person who Foreigner 
is not an inhabitant of this province, to fix any cowpen or not to fix 
settle or range any stock or number of cattle in this pro* ran g e 
Tince nor shall any inhabitant, on any account whatever, stock here, 
take charge of or receive under bis or her custody or care, 

in order to range or raise stock from any number of cat* 

tie belonging to an inhabitant of any other province, or 

wherein a residerit of any other province hath any share 

er interest, unless such owner or keeper shall be legally 

possessed in his or her own right of a sufficient quantity of 

land for feeding the said cattle on, allowing one hundred 

acres of land for every ten head of cattle; and that the 

owner or, keeper of such cattle shall record in the inferior 

court of the county where he or she intends to range cattle, 

the number of acres he or she is legally possessed of, and 

whether it is by patent, will,' deed, or otherwise, with the 

date of such patent, will, deed, or other instrument : and 

on any trial for the breach of this law such record shall 

be deemed good evidence against the owner or keeper of Nonefcht 

cattle as to the number of acres such person possesses ; owners o^, 

and if any persons contrary to this act, shall presume to kJJ^Joak 

range or keep a larger number of such cattle than ten f foreign 

tcad to every tmndred acres of latul, he f she, or they shall «•*. 



V«l 



«* 



CATTLE, HORSES, AND HOG& 



a See 
•ehal laws 



be legally possessed of a* aforesaid, and so ia proportion, 
all the cattle exceeding that proportion shall be torleiuq, 
and sold by the sheriff oi the county wherein the said cat* 
tie were ranged or kept, on legal proof made to the infe- 
rior court of the same county by any freeholder thereof}, 
the said freeholder giving the owner or keeper of the . 
s^id cattle five days 9 previous notice, that at the next in* 
ferior court to be held for the said county, he intends t$ 
penalty, lodge a complaint against such person for ranging or keep^ 
ing a greater number of cattle than he is by law entitle^ 
to range or keep in the said county, and on proof of ser- 
vice of the said notice persoaally, or by having a copy ot 
die same left at the place of such person's residence, the 
said inferior court shall without delay, proceed to hear 
the complaint in a summary way, without the solemnity 
of a jury, and determine according to evidence and the 
right of the matter before them : And if judgment pass 
for the complainant, the clerk shall forthwith issue an or* 
der to the sheriff for the sale, of such cattle, agreeable to 
the judgment, which sheriff shall without delay,'either by 
himself or deputy, execute the command of the said order, 
and return the money to the next court, one third part 
thereof to be paid to the complainant, one third thereof 
St^tiuJUcs to oc P a *d to the church wardens 11 of the parish for the 
Use of the poor (being parishioners) and the remaining 
i third part to be paid to the former owner of the cattle, u 
called for within twelve months, otherwise to be applied 
towards the contingent charge of the county* 
Cattle not XXVI. $ 4. No person or persons whatever shal} 
to be driv. drive any cattle into this province, without having with 
«n into him or them .a certificate or certificates, under the hand 

without a anc * 8ca * °^ a J U8t ' cc or justices of the peace of the county 
certificate, where the cattle were severally and respectively pui cha- 
sed or brought, setting forth, that oath had been duly 
made by the respective owners that such cattle, at the 
time of the purchase or removal, were sound and free 
from any distemper or infection, and that no distemper 
or infection were known to be among cattle at that time 
• Within five miles from the place whence they came, and 
shall likewise mention the mark and brands of the said 
cattle. 
Totorfe't XXVII. $ $, Every person or persons who shall 
• 40s for drive any cattle into this province without such certificate 
diiTitifr or certificates as aforesaid, shall forfeit and pay for every 

•crUfoate 8tccr » Du ^* cow * ca ^* or heifer, respectively, for which 

rr* he shall have no certificate, the sum of forty shillings ; to 

be recovered by a warrant before any justice of the peac§ 



CATTLE, HORSES, AND BOGS. 9S 

of the coqnty where such cattle shall then be, and he let 
vied on the body, goods, and chattels, of the delinquent 
or delinquents, for the use of the county: And every 
person dnviirg cattle as aforesaid, is hereby required and * 
directed to produce a certificate or certificates as afore- 
said, at the request of any person a resident in the county 
wherein such cattle are ; and upon his refusal so to do, 
on complaint thereof made to any justice of the peace in 
the said county, such justice is hereby empowered and 
directed to issue a warrant to bring 6uch drover or dro- 
vers before him, who for every such refusal shall forfeit 
and pay the sum of twenty shillings ; and until the same 
is paid, the said justice shall commit the offender to the 
jail of the county, or issue an execution against his goods 
sad chattels, as such justice thiuks most expedient, which 
forfeiture shall be applied to the use of the county, and 
accounted for at the next inferior court. 

XXVI IL $6. In case any cattle shall hereafter be wiwto 
inspected to have any distemper, any two justices of the enquire 
peace and one freeholder, Jjre hereby empowered and di-^||JJJJ^^y 
rected to enquire into the same, and on due proof there -* caiUe. 
of made, shall make such order therein as may best tpnd 
to prevent the infectipn spreading. 

1768. C. 9. 
XXIX- § 2. No person whatsoever in this province, 
shall suffer or let go at large any stone horse or stone 
horses, of two years old or upwards (1801, c. 30,) upon 
penalty of forte i ting such horse or horses, or the sum of Stone tar 
twenty shilling, to the taker up of eyerv such stone horse, ***" 
provided the same be found running at large, not within 
the confines of any fence, water marsh, or swamp ; any 
thing contained in 1723, c. 11, par. 7, 8, to the contrary 
ftotwithstanding. 

•1795. C iai 

XXX* $ 1* No person whatever shall hereafter drive 
any cattle into this state between the first day of April Cattle n*t 
and the first day of November in every year, from either *° n e< |t g" 
of the states of South Carolina and Georgia, under the this state 
penalty of forty shillings for each and every head of cat- between  
tic brought into this state contrary to the meaning of this £?£ l !«s!i 
act, to be recovered by any jurisdiction having cognizance 
thereof, by any person suing for the same, one half to his 
own use, and the other half to the use of the state* 

XXXI. $ 2# No person shall hereafter drive any cat- y ot to 
tie from those parts of this state where the soil is sandy, be driven 
tatf the natural production or growth of timber is the irom y&m 



P»www^ ^a^^pvv"^^p 



£4 CCRTinCATES. 

Ian !s to fcngleafed pine, into or through any of the highland parts 
$heL gh, of the state, where the soil or growth of timber is of a 
?»or vice different kind, between the first day of April and the first 
tween 1st ^*y °* November in every year, under the penalty of forty 
A > r : v <i shillings for each and every head of cattle so driven, to be 
JTovtjnber recovered and applied as before mentioned ; nor shall 
any person hereafter within the said time drive any cat- 
tie from the highland parts of this state, into those garts 
where the lougleafed pine is the natural growth and pro* 
duction, under tbe like penalties, to be recovered and ap- 
plied as aforesaid- 
flattie not 'XXXII. § 3- No person or persons shall hereaftet 
tob' (irjv- drive any cattle from any part of .this state through any 
f 1 fro ™ * other part thereof, without first obtaining or carrying with 
sruVto an* ^ im on t ^ lem a certificate o? certificates * under the hands 
ether with- and seals of two justices of the peace of the county wher^ 
oui certiii. such cattle were severally and respectively purchased of , 
?t k *' collected from range, accompanied with an affidavit or af- 
fidavits of the owner or owners of said cattle, setting forth 
the place or places where said cattle were purchased or 
had ranged as aforesaid* and describing therein the nature 
of the soil and growth of timber in such place or places, 
and also that said cattle were at the time of purchase or 
removal, sound and free from any infectious distemper; 
and if any justice shall grant such certificate without act 
affidavit of the owner or owners as aforesaid, it shall b$ 
deemed a misdemeanor in office. 

• See Fences 2, 3, 5. Strays 1, 2, 8, 9. Slaves 13, 34* 

CAUSEWAYS. 

See Overseers of Roads 7. Koads 3. Ferries & 

•  * 



CERTIFICATES, 

1781. C.2. 

I. $ 6. All auditors 9 certificates issued in conse- 
quence of this act, or by the late district auditor*, for 
To bear sums no t less than one pound specie, or the lawful value 
T tereaL thereof in the currency of the state, shall bear an interest 
of six per cent, from the state, and be free from taxation 
until paid, in case such certificate shall remain unpaid 
until the first day of May in the year 1783, after which 
time all such certificates shall be payable out of the pub- 
lic treasury of this state, together with the' interest due 
thereon, in specie or the true and real value of the amount 
of such specie in the currency of this state* 



— » V 



CERTIFICATES. 9£ 

1782. C.3 

fl. | 2. All depreciation of pay and subsistence due Deprec> 
& any officer or soldier before the 18th August 1780, ationot 
shall bo made good to them agreeably to resolutions on )ft ? and 
Congress, and they shall be paid for all deficiency of enct / J,^ 
clothing, and John Hawks, James Coor, and William deficiency 
Blount, esquires, are hereby appointed a board to liquid- ofc,ollllI < f 
ate and finally settle the same in specie* f or# 

III. $ 3. Each officer and soldier shall receive in- 
dented certificates, one or more being for twelve months* Certifi- 
pay and subsistence, which shall be negotiable in prompt caicsmr 
payment for any public property that may be immediate- 12ro J" n,Il 5, 
ly sold, and shall receive another certificate or certificates science. 
for the balance which shall be paid off by any treasurer of 

the stafte as soon as the situation of the finances will per- 
mit. 

IV. $4. The balance or arrearages due to any of- Cer<;fi- 
ficcr or soldier who has been killed in action, or died in f aU * l ? 

iicirs Oi 

service since the 18th of August 1780, shall be paid to oncers See- 
the heirs of such officer or soldier deceased, and such wi th, ngsn.ee 
dows of officers and soldiers deceased, as are by rt solve ^ u «- i ** J *' 

1 7 MO 

of the Assembly of North-Carolina entitled to half pay, 

shall have depreciation made good to thtm, and have Widows. 

their certificates issued accordingly. 

# 1783. C. 1." 
, V^ $ 14. Any officer or soldier who is or hath been 
of the continental lino of this state, and have demands 
against the same fcr services, * shall be entitled to have * 
and receive from the commissioners aloresaid, out of the 
monies emitted by virtue of this act, the one fourth part 
of the balance which, on a settlement with the comniis' DoeB i*** 
sioners appointed tor that purpose, shall appear to be 
justly due and owing to such officer or soldier respect- 
ively ; and the said commissioners are hereby authorised 
and required to grant to each of the officers and soldiers Certifi- 
aforesaid, one or more printed certificates, under their cm its tor 
bands, for the balance which, on a foil settlement, shall ^^'^ 
be due in specie, which certificates so issued shall bear threat. 
an interest of six per cent, per annum until paid, from the 
date thereof. 

1783. C. 3. 

VT. % 1'4. Willie Jones, Benjamin M'Culloeb, and 
Henry Montfort, esquires, are hereby appointed com- 
missioners in the room and stead of James Coor, John 
Hawks, and William Blount ; and in case of the death of Accounts 
Ifae sand Willie Jones, Benjamin JVTCulloch, or Henry ofouww 



r 

f 



P 



96 CERTIFICATES* 

h soldier* Montfort, or refusal to act, the governor is hereby em* 




**i]>on them w h Q are hereby empowered to allow interest on all ac- 
w counts by them sealed, agreeably to a resolution of this 
General Assembly of the 15th May 1783. 

C. 17 

VII. § 3. On every settlement by the comptroller 

made, where the balance shall appear to be due from the 

ComptroU state to the accountant, the said comptroller shall certify 

J ^ M t( ' ssue under his hand the true state of such account and the ba* 

to account- lance so due, and shall keep a fair copy of such certificate 

ant. to be laid before the General Assembly ; and in virtue of 

such certificate the person to whom a balance may be due, 

shall have an equal claim against the public with thos* 

who have or shall obtain auditor's certificates. * 

1784. C. 15. 
Due T 'ills. VIII. §5. The said Commissioners, namely, Benja* 

j!'i C of Au t0 min M>Culloch ' Henry Montfort and John Macon, or a 
176J. majority of them, shall settle the accounts of the officers 
and soldiers not yet adjusted for services prior to the first 
January, 1 782, computing interest to the 1st August, 1783 f 
and shall pay one- fourth of the balance in money, and is- 
sue indented certificates for the remainder, dated the said 
1st August, 1733. % 

Crrtifi jx. $ 6. If the sum often thousand pounds, hereby 
the ba- granted for the purpose of paving one-fourth of the de- 
luxe, mands for services prior to January 1782 should still be 
insufficient, the commissioners shall nevertheless proceed 
to settle finally all the accounts to them exhibited, and 
fi shall issue certificates for three fourths of the several bd<* 
Jbro-4ihs. hmces due as in other cases, and a separate and distinct 
certificate, shewing what is due to each claimant in mo* 
ney, taking a receipt in full, in order that the state maybe 
enabled to settle and obtain full credit with the United 
States ; and thj claimants to whom such certificates for 
Ttaebill 'he onc fouth part of their demands due in money shall 
fcr i-4th. granted, shall be entitled to have and receive the amo 
of such certificates in current money, out of the tax to 
collected for the year 1784, to be paid as the General A 
sembly shall hereafter direct* 

X. § 7. The said commissioners shall not in futu 
allow or pay the account or claim of any officer or soldiei 
t»becerti- to ^em exhibited, unless the same, if an officer's accoun 
fled. be certified by General Sumner, or some field officer wh<) 



/ 



CERTttlCATES. $7 

tomtfoued in service to the end of the war ; and if a sol* * 
dicr's account, by a captain or other commissioned officer, 
and countersigned by some field officer .who continued ia 
•twice to the end of the war: And it is also hereby de- 
clared, that no pay shall be allowed to any soldier whp 
deserted, for the time which elapsed during the desertion, 
Notwithstanding he might afterwards join the army; but Par „ ot 
if any soldit-r deserted and did not join the army again, allowed „ 
luch soldier shall not be entitled to an> pay or laud for thc dca « rtwaE ^ 
time subsequent to the day of desertion. 

1784. C.24. 

XL § 3. Upon the commissioners appointed to settle 
tr.d liquidate otbeers and soldiers accounts settling any 
account with any officer or soldier, not having money in Ortificate 
tfa. ir hands, they shall issue to such person a certificate for for3-4th£ 
three fourths of the sum due, agreeable \o law* • 

1785. C 13. 

XII. $ 3* The commissioners, when they have settled 
flu remaining claims of the officers and soldiers of the 
continental line for services peHormed prior to January DucbUL 
1782, shall issue to the respective claimants two indented 
.certificates, one of which shall be a certificate for the 

fcurth part of the sum that appears to be due to him, and 
shall be declared by its tenor /to entitle the party or his 
assignee to prompt payment; the other shall be a certifi Certif.fbr 
cate for three-fourths of the sum due to the claimant, and3-4tha. 
shall be in the common form. 

XIII. § 9. The public treasurer shall be and is here. 
I>y authorised to discharge and pay off all such certifi- 
cates as shall be issued by the commissioners aforesaid for 
prompt payment, as well as those that hitherto have been ~ 
issued, commonly called due-bills, for which services he er to p^y 
shall receive a commission of one half per centum, and due bills. 
Do more* 

\ 1786. C. 2. 

XIV* $ 14* The commissioners appointed by this act 
shall, as soon as they have examined the said books, vouch* 
crs and accounts, make return to the comptroller of this 
state of such accounts as shall appear on such investiga- 
tion to have been justly settled, and the claimant rightful- 
ly entitled thereto ; and where a claimant may have pro- 
cured a certificate or a due bill for a larger sum than he 
was justly and legally entitled to, the said board are here- 
by invested with full powers to settle the account or 
claim of such officer or soldier, and return the true ba- 
lance that may be due in the same manner to the corop- 

N 



gg CERTIFICATES* 

Com trol tro ^ cr » w ^° * 9 hereby required to issue a certificate fat 
ler to^ssue ^ e ^me, agreeable to the said returns, which fcturn* 
certificates shall relate to the certificate part of such pay due to such 
officer and soldier, and shall be delivered by the comp- 
troller to such officer or soldifer, or their agent, attorney^ 
executors, administrators of assigns, who may be autho- 
rised to receive the same : and all the certificates issued 
by the said board for settling and liquidating the remainder 
totes of '&<> °f the accounts due officers and soldiers of the continental 
void. line of this state, under the act of 1785, C. 13, are hereby 
declared null and void, and shall not be received in pay* 
ment of taxes or any other public demand whatever* 

1790. C. 13/ 

XV. § 2. The public treasurer, on being so furnish- 
ed as aforesaid (with a correct list of the names of all and 
every the real military claimants, whose accounts were settled 
by the commissioners appomtedfor that purpose at Warren* 
Jon in 1786, either by themselves or through others y together 
with a true copy of the muster rolls of the continental line of 
this state, which were returned during the war, or at any time 
since, and a complete list or return of ail the settlements 
made by the several boards of commissioners appointed to 
liquidate the claims of the continental line of this state for 
their services during the war, including the whole cfthat 
business done either at Halifax or Warrenton) shall, on 
application of any person holding certificates issued by 
the board of commissioners at Warrenton in 1786, take 
up such certificate or certificates, and re-issue, in lieu 

treasurer thereof, to the holder or holders, other certificates of the 
*° l l :is8 t uc l^ e tenor and for the same sums, provided the agents 
do report so much as being due to the claimants on the 
principles on which the accounts of the officers and sol*' 
diors were settled at Halifax in 1783, 1784, 1785. Bui 
should the report be otherwise, he shall then issue an in* 
dented certificate as aforesaid for the amount of the sua 
reported, and no more. 

XVI. $ 4. All war soldiers and others serving less 
Crrtifi* t ; me but more than twelve months, all twelve months an* 

sw€ to war nine months men, or their representatives, Who never aid, 
soldiers & by themselves or through others, settle their accounts, db 

12 *?K.»* ,,la ' c " ,n 'S k a PP ea * ty undoubted testimony, and, to thesa- 
^ b tisfaction of the public treasurer, that they are really and i 
Dae Bills justly entitled to pay as aforesaid, shall receive from the 
*k°' treasurer a certificate and due bill for all sums due them ( 

previous to the 1st January, 1782, in the same manner and 
on the like principles as such were granted by the boartk- 



\ 



IHCATES, S3 

s aforesaid, provided the name 
who is said to hare clone the 
led in the muster rolls so for- 
vided also, that it doth not ap- 
Iready been matte in his name 
Med shall be taken up and paid 

ertificatea issued by the com- 

la at Warrenton in U86, and^JVJI^l 

* ton ctn>s» 

d to the treasurer, agreeably to cite* vmi 

:his act, on or before the rising "n'ew P 1 * 

General Assembly, shall be J^" 1 ^ 
essly barred from liquidation Assembly. 

will not consider itself bound 
heir redemption in any manner 

i. C3- 

I, consisting of three commit- *tew 
joint ballot of both houses of board 

shall convene in the town of 
ay of May next, and sit daily 
;hs thereafter, for the purpose 
icatca issued at Warrenton in 
. lieu thereof, and likewise for 

and allowing other military * 
ectjons of U9Q. C. 13. 
ward of commissioners, in ad- 

1 by 1790, C. 13. shall be and 
to examine on the principles of 
tes issued at Warrtnton, as all 
s and due bills which shall be 
, and they shall determine and 
ng or granting, as the case may ' 
justice and good faith require | 

shall in no instance be autho- -. 
ew certificate or due bill un-^fem 
r certificate be returned into or 

:e shall be made to any person, 
not after such desertion rejoin Deiertm,, 
e foi; which he was first enlisted, 
iterevtbe allowed. 

atea and claims coming within Certifl- 
. 13. and of this act, which are <■■***■ r«* 
Led, or allowed by the board of £"3. 
aliased, oa or before the first nttoavuid 



100 CERTIFICATED 

t 

day of September next, shall be, and they and every of 
them are hereby declared to be false and counterfeit, anq. 
shall be considered as being forever thereafter barred an4 
wholly done away* 

1791. C.16. 

Certifi- XXII. § 3. In all payments to be made from thf 
c&tes to be state to the citizens thereof on account of confiscated pre- 
paid for to perty sold under the laws commonly called confiscation 
Sfronfisca*- kws, whicl: the purchasers have been or shall be evicte4 
ted proper- of, the value of certificates shall be and the same are here* 
ty valued by declared to be or the value of four shillings currency 
** ** for every pound of principal and interest, and shall be 

paid accordingly. 

XXI t« §6. The treasurer shall receive payment 
pr Vfl t P fr m all p rsons indebted to the state, agreeable to the 
pt ■<■>'■.*. ii. rul. s, regulations and restrictions directed by this act 
t T <l b r * * l ' as s w ^ ere l ^ e Btate is indebted to any citizen thereof; 
t )■> -t :t Vr provided that nothing in this act contained shall be so con* 
t s.rne strut d as to exonerate any public officer of this state" tivn 
r:M ;«ffi-' lnr p a y me nt of the money or certificates by Hm received 
 in coiistquence of the official trust reposed in him* 

1794 C. 16. 

XXIV. $ 2. All persons holding certifies tes of the 

1 debt oi North-Carolina shall, on or before the first day of 

December next present them at the comptroller's c ffice^ 

cates to be an( ' ca use them to be registered, which tbe comptroller is 

reg.stered hereby dirt cted to do, in a book to be purchased and kept 

for. that purpose. 

1797 C 25 

crnim^d* XXV# § 1 - The comptroller of this state is hereby 
edbv^Ev-* authorised and required to settle and liquidate the ac- 
ims, "comp- counts of the officers and soldiers commanded by Maj. 
trollep to Thomas Evans. 

J2J* XXVI. $ 2. And on personal application of any of 
the officers or privates belonging to the aforesaid regiment 
or battalion, or the heirs oi such as have died, or their 
guardian, legally appointed, producing sufficient proof of 
the service of such claimant to the satisfaction of the 
comptroller, who is hereby authorised to judge of the 
same, and the rfame of the person appearing on the rnus* 
ter-roll ; and on such satisfactory proof being given, the 
comptroller shall issue a certificate for such sum as they 
may be entitled to receive, agreeable to the time of service^ 
and no more ; which certificate when so obtained, shall 
Certifi- b e p,^ flf^ an j taken U p by t jj e treasurer of the state, who . 

fshall be allowed in the settlement of his public account ; 



I 



trlajl tou - 

'/n)2-C/£< - 



'- • • 



tuxtn, • 10* 

Provided that no allowance shall be made' t*;any deserter 

Whatever. / •: 

XXVII. § 3- The comptroller shall entcHhtpji boolj Account 
to be kept by him for the purpose, an exact accttilqjt of all to be kept 
allowances by him made to any of .the officers or $cj]Ltiiers<rf*liuw*9- 
afortsaid, and shall file in his office such vouchers onj&ich ce *' 

e may make any allowance* # .*r* ; 

.1799. C. 3. " * 

XXVIII. § 1. All holders of certificates of the dehfr* 
of this state shall, on or before the; 1st December, 18tXV 
present the same at the office of the treasurer, who shall 
register the number, date and amount, with the name of 
the persons to whom payable, in a book for the purpose, "• \*; 
sod he shall note on the said certificate that the same has 

been present* d and registered* 

XXIX* § 2. AH certificates of the debt of this state, 
not prtsenUrd for the put pose of registration as aforesaid 
Within the time limited by his act shall forever thereaf- 
ter be barred, and shall vet be received in payment to the 
Mate, nor in any office th« jeof. 

XXX. § 4« Nothir^ herv in shall give credit or cur* 
rency to such certificates as have by any act of this state 
heretofore been declared fraudulc nt, or refused to be re- 
Ccived at the treasury or other offices of this state* 
See Confiscation 20. Counterfeiting 4, Enttics 31, Afc. 

CRRT10TA.M, 
0«e Foreigners t Sunenor Courts 1. Taxes 2L Confiscation It. 

CHAIRMAN 
ll* Administrators and Executors 9, 13 Clerks 6. Ferries 6. Grants* 
6. poor 24, 25. Prisoners, Prisons and Stocks 9. Slienti's 12. Slave* 
II, 23, 72, 7S. Taxes for County Uses 6, 7. Vice and Immorality *, & 

CLAIMS. 
1784 C 2. 

I. § 1£« The county sheriffs, or the public treasurer Wh%t 
shall not discharge any grant of assembly, or Warrant of >tmntt> 
tbr governor, hereafter to be issued* unless in the said or &**** 
grant and warrant it shall particularly express the cause £2^° 
sod service for which the same issued* 

1787. C.ia 

II. $4. No claim, draft or warrant from the gover- Drafts or 
Qor, or any one else, except the certificates for the servi* warrants 
ces of the members of -the General Assembly, and their * h £J n *L 
ckrks and waiters ; and the certificates of the clerks of the *** 



• a 



• • 






• • 



m • 

103 CLAMS. 

superior cofttts for die salaries of the judges and attorney 

gencral„sWs be paid by the treasurer, collector or other 

*eceiv«*>pfc the public revenue or taxes, until such claim, 

drafter* Warrant shall have been entered in the comptrol- 

i«rV<t(9$ce and charged to the person or persons drawing the 

sajtatj with the comptroller's order endorsed to the treasu* 

r&rC'or other receiver of the public revenue, to pay the 

'• same ; and no claim, warrant or draft (except as before 

Excepted) shall be allowed in the settlement of the account 

pf.aoy treasurer, collector or receiver of the public reve* 

.'•" * Sue or taxes, btit under the foregoing jrules and regular 

V" ,tions* 
*•//• ' 1797 €.1$. 

III. $1. The Jailor, when he hath a charge against 
Jailor's t^ e statc *° r confining and maintaining any person commit* 

account, ted to the prison whereof he is keeper, shall procure the 
>ow to be certificate eft the clerk of the court where such prisoner 
♦utUcntica- was |3 aun ^ ^ answc t, shewing forth for what causes the 

criminal was confined, how indicted, convicted, punished 
and discharged, with the seal thereto I also a certificate 
from the sheriff of the county where such criminal was 
confined, stating whether or not such criminal was £os« 
setescd of any visible property, either at the time when the 
crime was committed or afterwards ; if any, how the same 
%as disposed of, and in what manner such prisoner was 
discharged from jail, together with the affidavit of the said 
jailor, taken in open court, setting forth his claim, parti* 
cubrly that he knoweth of no property subject to said costs,. 
and that he hath received no satisfaction therefor. 

IV. $ 4. The sheriff or his deputy, when he shall. 
have a demand against the state, for services by himper- 

_-. formed, in taking, securing, conveying or pupishing any 
aeeowit 9 criminal, it shall be necessary for him to state at large 
how to 'be the several items of his account, swear to it in the court 
•«th«iti- of the county whereof he is sheriff, setting orth that he 
** has received no satisfaction for his said demand, and that 

there is no property to his knowledge subject te his saicj. 
charges. 

V. $ 5# The coroner, when he shall prefer a charge 
for holding an inquest, shall make oath to his claim in the 

Coroner's court of the county whereof he is coroner, and procure 

eUim, how the seal of the same to be thereunto annexed ; and when 

^JjjL^ his charge is for performing and executing the duties of a 

4l sheriff, ** 8 hall be authenticated in the same manner and 

under the same rules whereby sheriffs are bound. 

VI. $ ۥ The desk of any superior court, when he 



* 



A 



CLAIMS. 14)'J 

lhafl charge the state, it shall be necessary for him to 

state and make out his claim at large, and swear to the 

•use before the judge or judges holding his court, setting ^^ m f 

forth in bis said affidavit for what cause the prisoner was superior 

indicted, how punished or discharged, that he believes ct, clerk 

there is no property subject to the costs of such prosecu- {^entics! 

tioo, and that he hath received no satisfaction for any part ted. 

of the said claim ; which. affidavit shall be subscribed by 

said clerk, and attested by die judge or judges before whom 

it is made. 

VII. A witness, when it is necessary for him to pre* 
fcr a claim against the state for payment, it shall be consi- 
dered his duty, besides swearing to the amount of his 

daim, as heretofore prescribed by law,* also to make oath, wi tn#99 't 
in some court of record, that he hath received no satisfac- claim bow 
non therefor ; and also shall procure the certificate of the *? be * u- 
dcrk of the court to which he was bound or summoned, ^ ntical * 
setting forth that he or she was bound or summoned to &see te- 
give evidence in behalf of the state, the nature of the dictmeat 
crime, and how the criminal was disposed of. 

VIII. No claim authorised by this act shaH be allowed 
until a fieri facias shall have first issued to the county or 
counties in which the criminal may be supposed to have 

owned property, and the sheriff's return that io property voeWfti 
is to be found ; and if the criminal is at large, without tak- to be *l- . 
ing the oath of insolvency, it shall be the duty of the clerk i°*;*l til 
to issue hi* writ of capias ad satisfaciendum, and the duty JhJf'^iu 
of the sheriff to arrest the body of the said criminal, if to fc ona# 
be found, and him confine outline cfthef pays off the costs 
of prosecution, or discharges hinrseif by taking the oath 
of insolvency ; neither shall any claim be allowed undefr 
this act after the expiration of three years next succeed* 
ing the trial and final decision of the prosecution out of 
which such claim arose $ and all claims now existing shall Xamiiati^is 
be bfrred after the expiration of three years nejC after 
passing of this act* 

IX. All accounts and claimsr rendered and made out 
andcr and by the authority of this act, shall be in words 
at length,wkhout any abbreviation, and any claim, demand Claims ^to 
or account, rendered otherwise, shall be held and deemed bein words 
improper and illegal. Provided that this clause shall not* 1 tog h. 
be construed as to affect any claim now existing, or which 
Bay exist before the first day of June next. 

Sec Comptroller 6. Clerks of Superior and County Courts; 

CLERKS OF THE ASSEMBLY. 
Stc Printer 9". Private Secretory h 



OF THE SUPERIOR ATOCOUVTT COURTS. 



CLERK AND MASTER IN EQUITY. 
1787. C 32, 

Minted ^* $ 3 ' ^ ne j 11 ^?* 8 OI> the codrt of equity shall ap* 
point some person ol skill and pronty to act as clerk and 

md ud master ln equity to each of the said courts, who shall give 

l security in the same manner, an 1 take the sam oath be; 
fore the judges, as the oerks on the law side ol the court, 
and shall hol<l his offi e during good behavior ; and tli* 
said clerk shall keep a fair and distinct record of the pro- 

wtiei ceedings of the court of equity to which he may be ap- 
pointed, and the bills, answers and dei;ngjp shall be regu- 
larly enrolled in a well bound book to btMrxpt for that pur- 
pose ; and further, the s.iid roaster in equity is herebj 

irers* f a \\ v empowered and authorised to administer the oath 
or affirmation to all and every person aitd persons, eiihcl 
witnesses or others, having business in the court of equity 
at all times, in the same manner as masters in chancer] 
do in like cases in Great- Britain. 
1813. c. 30. 
Hi If any clerk and master in equity within this stat 

ittaltrin shall fail or neglect to pay over to the county trustee, th 

ct tat fees on suits in equity, in like manner as tax fee 

on suits at law, such clerk and master in equity so fa'din 
or neglecting shall forfeit and pay the same sum that th 
clerks of the superior courts of law upon failures of tr. 
like nature, by the laws now t listing, and to be sued f< 
Jand recovered in the same manner, any thing to the ca 
trary notwithstanding. 

Bow vacancy to be filled, lee Clerk* of Superior Court: 

CLERK. OF THE SUPERIOR AND COUNTY 
COURT. 

1777 C 2. 

I. $ 8. The judges of the Mtperio? courts shall 8 

point clerks to the several and respective courts herel 

established, who shall each of them give bond with suf 

B. court cient security, payable to the said judges, and their sU 

Minted cessors m office, in the sum of two thousand pounds, 1 

the safekeeping of the records, and the faithful dischar 

. of his duty in office ; which said bond shall be lodged 

the secretary's offi. e, and may be put in suit by the pai 

or parties injured, and shall not become void upon t 



r 






^ 



r>kcs- 



. CLEBKS 0F THE 9tJPBMOR A NIX COUNTY CO0RT& ^^ 

first recovery, or if judgment, Be given against the plaintiS^ 
' but may from time to time be put in* suit, by action of 

debt, until' the whole penalty shall be recovered* 
H. ^4. The clerks of the said superior courts, When 

so appointed, shall hold their offices during their*good contiiww 

behafiour therein ; but before entering upon the execu-ance inafr 
, tiao thereof, shall, before his excellency the governor, fic * 

take the oath for the qualification of public officers, and 

 plso the following oath, to wit : (xvhick see under 0aMt») Oath; 

and the* governor is hereby .required to issue his procla- 

ttatioo to every county of this state, notifying to all the 

good people thereof the names «of those persons who havo 

qualified 'as clerks of the courts of their respective die* 

, trictS| agreeable to this- law, and requiring all persons to 

'pay obedience to all precepts issued by them by virtue 

^ * thereof : £nd if it shall be discovered that any of the said 

jf. dtrks, afte/ his appointment, shall have violated his said 

w with, or wittingly, willingly and»corrupdy, have done any 

tmng^ontrary to the true intent and meaning of the Sffctd 

osth, inch clerk shall be deemed, upon conviction, guilty Penalty 

• tf misbehaviour in Office, and shall be forever aftcrwardar* J? ^ 
incapable of holding any office, civil or military, within 

tbi»*tate. CC.clerk's 

III $ 66. All clerks of the county courts shall hold continu- 
theif offices during their good behaviour therein* ***** in <£- 

* 1# $ 67. The clerks of the several county courts ■*****• 
of pleas and quarter sessions, at the first court to be held 
ia their respective counties after the expiration of this 
' present session of the General Assembly (November 
1777) shall each give bond, with sufficient security, in the 8ood; * 
torn of two thousand pounds, payable to the justices of 
the said coqrts respectively and their successors in office, 
for the safe keeping the records and the faithful discharge 
of his duty in office ; which said bond shall be lodged in 
the secretary's office ; and each of tjie said county court 
clerks shall at the same time take anH subscribe the oath osths 
appointed to be taken for the qualification of public offi- 
cer*, and the oath of office herein before directed to be taken 
hy derk s of the superior courts ; and the offences herein 
before mentioned of any candidate or person in nomination 
far the office of clerk of any of the said county courts 
«haD incur the same incapacities, and the violation of^the 
oath of office in the particulars herein before specified, 
shall on conviction be attended with the same penalties, 
incapacities, and disabilities as are in like cases to be in* $ * 
iictcd oa clerks of the superior courts, s>r candidates or 





I « 



100. CLERKS OF THE SUPERIOR AND COUNTY COURTS. 

persons in nomination for. such clerkships for such offenv 
ces and violation. 

V. $ 95. The clerks of the Superior courts shall keep 

their offices in the respective towns where the said courts 

SC dk. arc directed to be held, and the clerks of tall the several 

to keep bts courts of law hereby established shall by themselves or 

office in their lawful deputies give due attendance at their respec- 

tofrn * tive offices ; and all deputies' shall take the oath appoint* 

Allclka- c< * ^ or *' ie qualifica^ 00 °f public officers, and an oath of t 
to attend, office, and in Case of the death of the clerk of any court* 
in the vacation, his deputy shall hold the office of clerk, 
, Deputies, until he or another shall be appointed agreeable to law, " 
and shall be entitled to the feed and perquisites df the of- 
fice until such appointment. 

1786. C. 10V 
Vf • § £. The clerk of each and* every county court 
CC" le k» ^ ltn,n tn *s 8tate > shall enter into bond with sufficient se- ^ 
bond. curities for the due and faithful discharge of the aforesaid \ 
duties— namely y for annually returning to the Comptroller** 
office attested copies of the amount of taxable property and 
* polls subject to pay apubtic tax and an .account of thefnts^ 

.forfeitures and amercements due the state y in *he sum of ' 
one thousand pounds ; which bond shall be transmitted 
' to the comptroller by the chairman of the court, under 
the penalty of one hundred pounds, to be sued' for %nd 
recovered by the comptroller of the state, By actiof oa$ 
the case in any cburt of record having cognizance of tfce 
same, for the use of the state", and the comptroller shall 
and may enter judgment on the said bond in case of fail- « 
ure or neglect after notice given in the manner of entering 
up judgment against county treasurers. 

1783'. C 14. 
•VII. 5 13. The clerk of each and everjr court of law 
and equity in this state, at the first dourt that shall be held 
after the first day of May next, or in case of any una- 
voidable hindrance, the nestt court afterwards, shall give 
bond with approved security, to the court whereof he is 
clerk, in the sum of two thousand pounds, conditioned 
a i.e. for for the due performance of the duties hereby enjoined,* 
paying to wn ich bond shall be transmitted to the treasurer, or otb- 

rcr alTtaxI crw ^ se l ^ e Saic * c * el * 8 ^ a ^ ^ c ti*Me and bound to psfy a 
es imposed sum equal to treble the tax imposed by (his act, (whicfc 
frrUu*aat.0ff under taxes), 

1794 C. 23. 
VIII, '$ 1. From and after the passing of this act, 
"J-vhen any vacancy shall happen in the office of clerk of 



' 



CLERK^ OF THE SUPERIOR AND COUNTY COIR TS. 107 

the county, a majority of the justices of the court of pleas M . . 
and quarter sessions of the county whert such vacancy necessary 
shall be, shall appoint a person of skill and probity to fill to appu^t 
euch vacancy, and ail clerics of the said courts shall holil * co ^ nt > r 
their offices during good behaviour. . , 

1800. C. 18. . 

IX. $1. From and after the ratification of this act. 
when any sheriff, constable or clerk of any court within Sheriff* 
this state, shall, by virtue of his office, receive any sum or &c how to 
nuns of money for or on account of any person pr persons ^ 
whatsoever, and shall not on application made to him pay failing- to 
the same, such person or persons may give to such she- account, 
riff or constable or clerk, ten days notice in writing, to be 
proved in the usual manner, to appear before some justice 
of the peace of the county, to s,how cause why the justice 
should not grant judgment and issue execution lor the 
jamc against him and his securities : And if such sheriff, 
constable or clerk, shall not appear before such justice, or 
if appearing, dpes not show sufficient cause to the contrary, 
it shall be lawful and proper for such justice to enter up 
and grant judgment and award execution against such 
dtlioauent for the money due. Not t * 

X. $ 2. Nothing contained herein shall be construed tend to a- 
fo extend to any case where the demand ojr sum shall ex- tK>Ve 3°-k 
cecd twenty pounds. 

1800. C. 23. 

XI. $ 1. The said courts or pleas arfd quarter ses* 
pious shall have full power and authority, on their respec- 
tive clerks being convicted or found guilty, m the courts cieitacf 
aforesaid, on a bill of indictment for neglect of duty or courts how 
misdemeanor in office, to remove such clerk and proceed they may 
to the election of another, provided a majority of the jus- ^andoX 
tiecs of the county $re present at the election of such, era elected 
dcrk, and the person so elected shall be subject to the 

tame rules, regulations and restrictions as clerics are and 
have been, any law to the contrary notwithstanding^ 

XII. $ 2.' tJpon the resignation or removal of any R^njg to 
clerk from office as aforesaid, he is hereby required to be deliver., j 
transfer and deliver up to his successor in office, all re- ed up.- ' 
cords, documents and papers relative to his said office, 

tinder the penalty df five hundred pounds, to be recover- 
ed by action .of debt in the name of the governor, and ap- 
plied to the use of the state. k 

1801 C. 3). ^ . ^ 

XIIL $ % • Prom and after the passing of this act, it - , 
*Mi be the duty of flie clerks of tire several superior 



CUBRKS OP THE SGPEHOR ANJ> .COUNT? COURTS- 

jrt of' " 1 "** °' tB *" ****** ** *h» tim * °f publishing the rulejf 
■' . to made by the said courts, is to the distribution of tbe bu- 
»'i»i>- tines* thereof, to publish it the same time a list of all the 
pauses which shall be at issue on their respective dockets 
1*07. CIS. 
XIV. $ 1. When any deed or other instrument of 
writing shall be offered for, probate in any of the county 
courts in this state, it shall, and is hereby expressly de- 
**ctared to be the duty of the clerks of said coups to je- 
er ■» ceive, wjth his own, the register's fees on all and every 
witb such deeds and other instrument* of writing admitted to 
nL probate for, registration ; and shall, within twenty days 
after the rise of each and every county court, deliver over. 
, .. to the registers of their respective counties, on application, 
nd^'aJJ such deeds and other instruments of writing which 
ore- have been' admitted to probate for registration!, together 
tyith the register's fees on tbe same. 
'' XV. $ a. It ahalt b* the duty of the registers withifi 
the several counties in thia state, within twenty days after 
the rise of each and every county court as aforesaid, to 
apply at the' clerk's office' of their respective counties, for' 
i s ift.all deeds and other instruments of writing an aforesaid 
|i st admitted to probate for registration : and in ease of ne- 
**■'• gleet by : either clerk or register in performing the duties 
aforesaid, the person so neglecting shall f'orfeit'and pay 
the sum of five pounds for every such offeree to be re- 
covered by warrant before a justice of the peace, one 
jiali' to the use 'of the poor of the county in which such 
recovery may be had, the other half to the use of any 
person suing for the same, and be further liable for all 
damages' the party injured by such neglect may sustain. 

XVJ. §3. It shall be the duty of the several county 
court clerks within this state, at the next cr»urt of pleas 
i $*■ and quarter sessions which shall be held after the first day 
"if* of May next, to deliver over to the registers of their re- 
be apective counties, all deeds and other instruments of wri* 
1,0 ting (if any) on which the registers fees have been paid, 
,Wf *that have been heretofore admitted to probate for regtstra- 
tion, under the penalty of fifty pounds, to be recovered 
before any jurisdiction, having cognisance thereof, to the 
tole use of the person suing for the same. 
" XVII. § 4. Hereafter, the public registers In eacr 

i fer county in this state, for registering divisions of land, thai' 
r \ receive the sunt 'of one shilling for each lot or dividend 
^therehrdescribed, agreeably to the plat «€ said division 
Jp4 i&e anme fee* W every copy ehereot And. it ifaaj 



I 



quar- 

ots of Grant* 

regiB- 

•t^and 

.vercd 



clerks 

make <**»V 

l JS « ty trinirc » 

which *utem«nt 

 uses, °» 6m*> 
uarter 

e first 
us and 
ty put 

"»»<" TVp.,» 

 here- c. Trustee . 
Jay of nil monies' 

horiS- by July 10. 

us no- 
court 

forth* 5 

rding-  

esaid, 

siiions Tl \ H" 

, -over Winu- 

m for 
office 
adrt"d 

guilty for nuluM 

uoved 



s act* 

 suits Fines to 
Oltnty K»w>cmin 
■tn... "."""* 
r pro- 



KS OP THE SUPBKIOIl AMD I 

. $2. The several count 
ists and Charges of state pt 
tare is now liable to pay tr 
ihall not be chargeable with 

$ 3. Ail claims for costs 
>ut of criminal prosecutions, 
ame manner as is now by lav 
ticated, shall be paid by the 
unties in which they jfcay Lh 

$■ 4. The clerks of \he s 
turn, at the first court whici 
if of January in each year, 
nes and amercements by the 
m:t, which shall contain, a 
) who shall hare paid fees,' 
le preceding year, been fined, amerced or judg- 
f»rfeited,their recognizance, and from whom UK 
ve been collected, either in whole or in pa: 
: precise stinn Squired from each, whtcIrSi 
e out, sworn to and subscribed, shall be tra 
the trustee of the county of which he is clt 
, d^ys after therise of the court," under the 
ve hundred pound*, to be recovered in die ns 
nty trustee, for the use of the county j and 
under like penalty, within the period aforesa 
the county trustee a complete list or Tetun 
of all persons fined, amerced, or adjudged 
ited their recognizance^ during the prcced 
he particular sums which they have been fin 
r adjudged to have forfeited, as well those v 
in full or in part, agreeably to the retutV-bef 
is those who have not paid any thing— wh 
rn shall he made out and presented to the co 
e time with the return above mentioned, ': 
. r orn to and subscribed in like manner, and si 
the trustee, as a check on the return which n 
ae made. • 

$ $. The said clerks shall, on the first dai 
each year, pay to the county trustees, the (uu 
they may receive or owe, in virtu* of this act 
clerk shall fail or neglect to co'm 
, it shall be the duty of the cour 
dgment at the rojx court for his c 
t such clerk and his securities, o 
!, as he may "sec proper, first gi 
tice.  ' 



N 



\ 



; AKD COUNTY COURTS. 1 J. 1 

i which come within the Former 

ay repealed- ■**» "***" 

C.S. 

r, a vacancy shall happen in . 

the superior courts of law, 

istcr^n equity, in any coun-. 

ding; within the judicial cir- 

ii. " l ii Ttv whoit* 

II happen, shall appoint so/tie M»; 0lllle d, 

d county, to fill the said va- 

idgea of the said court shall 

iich such vacancy *haU hap- 
when two or more judges 

[, if one of said judges shall 
chief justice, otherwise the 

ne suitable person, residing 

' fill the said vacancy ; and 

before the judge, who shall 

before some justice of the 

the said judge for that pur- 

i by law for the qualification - 

r» of law, and »lerks and 

:h appointment shall not be 
court in which such vacan- 

10 shall ride the circuit, in- 
such vacancy shall happen 

eof, shall appoint some suit' » 

aunty, to fill said vacancy ;' 

• next riding the said circuit, 

nd sufficient security as the 

o appointed, either by hini- 

i the said circuit ortheThief 
appointed, fail to enter in- 

:said, the judge holding the • 

 suitable person as aforesaid 

i appointment shall be made 

time, the judge making the "* vf 7T 

n appointed an order on the 

usiody the records of said 

ver the same in obedience to 

v appeal shall be had from- . • 

 . rr i r , i Tn east* 
nor court of law ana a \a- nf ^^n 

n the offiee of clerk of the 

he appellant cannot file the 
iin the fime prescribed by* 



COLLECTORS' 

law, on the appellant's malci 

tion of the court, to which 

tii ma Me, that he had made i 

county court lor a transcript 

have filed the same fifteen d: 

said superior court, the trati 

filed in said court, and the ca 

'succeeding term. 

See Accident*. 2. Appeals ', 5, 7,1 

2. Attachment*, 1.1. Attonhci 

tie, H rscs.and Hog* IT- 19, 33 

run .3. 4 4. Comptroller 3, 12. 

kirs9, 11,12,13, 14, 16. Escape! 

13, 14. Finn 1. Grsnts 2, 6. G 

merit 3, .'>, a, 7 Indict mem 8 Ini 

2. J.idpesS.lL Jury 3, 7, 13, 1 

28. Lands 7, {£ Law Hooks 1, 

' Assembly 14. Mills 2. Oaths 4 

10, Powers irf Attorney 3 Pm 

trisfms, and Stocks 2, 3, 9, 23, 2 

17 1% 19. Prnc*«initir» 8, 9, 1G 

BsIstlcs 4, 5." ShetiflslO.il. Sli 

?,11 Titza3.ll, 14, 15,16,23, 

43, 62, 6li, 6/, 7J, 74, 76, 78. 83, 

County uirs I, 5, 7, 8. Ways 3. 



- CLERK OP TUB b : 
See Judge*, \ 

<£lEBK OP THE CO 
Superior Co 



" COLLECTORS 

„ 1<G3. 
AnnotmV IV $1- Two or more per 

■««■ treasurer, who shall be calU< 
BonJ * collectors of arrears, give hot 
the sum of twenty thousand i 
governor for the time being f 
ditioned for the faithful atcou 
monies and certificates due oi 
which shall come into their 
Duties, cither of them in consequet 
aforesaid, who shall have ri 
treasurer, and whose, duty it 
charge of alt executions issuit 



4 



t 
\ 

\ 



COLLECTORS OF ARREARS. f£fc 

which shall be hereafter obtained by the treasurer in behalf 
rf the suite, to carry or cause them to be carried to tha 
counties within their respective ridings Where the debtors 4 
or their securities reside, to see that they are properly le>^ 
vied^ by shewing or pointing out to the sheriffs the pro- 
perty deemed liable to be levied on, be the same in whose 
possession it may^ and by "enquiring into and pursuing all • v 
legal means of detection and recovery in every case of 
suggested fraud ; and it shall also be the duty of the C0I7 . * 

kecors to attend all such sales in their respective ridings, 
m J enforce the same ; they shall likewise take charge of 
the amount of all monies and certificates arising, from the 
sales and pay them into the public treasury, first endors- andpajC 
ing a receipt on the back of the execiuiou, Expressing in 
Words written at full lerigth the amount of the* ame ; which " * 
execution shall be* left with the sheriff, and shall by him 
be returned to the clerk of the court from whence it 
issued, on the first or second day of t lie terrfi next folio w» 
icg the day on which sufch sale shall have been made as 
aforesaid ;. and for their services therein they shall seye* 
H\y be entitled to hav© and receive a commission of eight* 
per centum on the amount of the cash and certificates Ipy 
them paid into the treasury, which shall be deemed a' 
compensation in full. 

II. § 2. Each of the cbl lee tors of arrears sp appoint* 
td, shall return to and file with the public treasurer a mi- 
nute and accurate written s account or statement on oath, Toraaka 
toataining all their deeds and transactions in regard to the ^h 1 ^ 011 
collecting arrears of monies and certificates as aforesaid ; 
*hich account or statement shall be by the treasurer laid 
Wore the Genera} Assembly, at their annual meetings ; 
and each of the said collectors shall make return of the • 
statement aforesaid, settle his account with the comptrol- 
ler, (the sarne being checked by the returns on the execu- r 
lion) and finally and fully pay up and account with the 
treasurer for all monies and certificates received, or which 
oa ght to have been received bv him in virtue of his ap- 
pomtment as collector, on or before the first day of No- Vnitell for 
▼ember in each year, on pain of forfeiting all commissions settlement 
to vhich he would have been entitled had he done his dutv, with ,he 
and of being proceeded against in like manner as is by £j; HSU1 ex * 
l*w directed in case of the failure of sheriffs ; and any 
collector failing to render an account pr statement, settle, 
P*v aadac count as aforesaid, shall thenceforward be con- 
sidered as having forfeited his appointment as collector of 



J4f COLLEtTOIffi OF ARREARS. ~ 

arrears, and lie and bis securities shall be proceeded again* 
accordingly without fuwher notice. * 

III. § 3. In all cases 'where judgments have been a 
shall be obtained against delinquent sheriffs, and other 
in- arrears /o the state, and where it shall so happen tha 

flow e*- ( jj c principal and his securities do not all reside in tb 

i-e to is tame, county, it shall and may be lawful for the clerks o 

i* in cor the courts, on application of the treasurer, \o issue execo 

"" tMes - tions from time to time to any one of the counties L 

which either of the parties reside, or in which their pro 

pcrty may be found, any law, custom or usage to the Con 

tiary notwithstanding. 

IV. $ 6. If any revenue or other public officer sha 
! MoT r ' J ner ° a f ler become indebted and in arrear to the state, s 
H tnts 'to that judgment shall be thereupon had against him, the 
c levied and in that case it shall be lawful for the sheriff of otht 
i for col- ffic er to whom the writ6f execution shall issue in consf 

que nee of such judgment, and he is hereby required t 
It vy ob and sell so much of the property of such delinquer 
officer or .his securities, over and above the amount c 
the debt due the state as shall be sufiicieiit"to pay and si 
tisfy the commission of eight per centum, given by th 
act tn the collectors of arrearages aforesaid, together wil 
the costs of suit. 

V. ' $ 7. In case it shall at any time so happen, th; 
the sheriffs of this state or any of them, shall refuse to a 

Sheriffs tend the collectors ' when called on for that purpose, i 

i rtirir search of goods ancr chattels, lands and tenements, prop* 

lit), col. to be levied on, or shall tail or refuse to appoint the tyr. 

etimmuy Q f a ny intended sale, to advertise the same, and to atten 

ceiiefits an< * ^° n ' s ^ ut J" <yn t ^ le . c ' av appointed, it in case they < 

any of them shall fail to do and perform the several tli 

ties by law required of them, then and in that case 

- shall and may be lawful for the collector to demand of th 

sherjff so Hiding in duty, the execution or executions c 

behalf of the' state committed ti> his or their care, and t 

proceed to levy, .make sale and return the same, "id like nu 

ner as though he were sheriff a and for hia services, in s 

doing he shall be entitled to the same fees and commit 

•ions as sheriffs. 

VI. $ 8. In case of any of TfTe collectors appoints 
or who may be hereafter appointed- u.ider the authorif 

xtortion Q f thjs act, shall at any time be guilty of extortion, t 
other mal-practice in office, tending to the injury.of an 
ciTizrn v he or they so offending, and being thereof cot 
vie ted, shall forfeit and pay to the party injured, fhe sut 



p 



r 



COMPTROLLER.* - • . US' 

pf five hundred pounds, to be recovered in any of the su- 
perior courts or county efturts o^ pfcas and quarter scs^ 
sion&of tfc^is state, gnd shall thereafter be held and deem* 
ec^JttnWorthy of the* Appointment of collector, or of any 
•ffice or appointment of profit or trust in this state. S 

^**' * t 1802. #19. 

VII- $ 1. The public treasurer jointly with the comp- 
troller, are hereby authorised »J*d empowered to make to 
the person oi* persons who shall be flecessarjly employed * . 
to take charge of the public executions, such additional au^^jj 
atljwance over and above' the commissions at present at- 
lowed them by law^ as in their judgment they may bejust- 
Jy entitled t.6 due regard being had to the labour, expence, 
industry and success of th£ person or persons so employed 

ps Aforesaid* * 

See University. 

(COMJITS3IONER OP AFFIDAVITS. 
See Fees, 21. Affidavits. f 

COMMISSIONS. 

See State Constitution, sec.3& , % 

• » 

COMMISSIONS TO TAKE PLEA, ANSWER, Scs? ' y 

6ee Practice, • » 

% 

COMMITMENT. 

.1795. C. 4. 

I. $ 13. When thersis no jail in any county, it shall Maybe 
Be as lawful for a justice of the peace or county court to district 
to commit the offender to the district jail, as it would bfe J Jli l where 
for him or them to commit such offender to the county *^ coun| y 
jaiL, and the district jailor is hereby required to pay due 
respect to the commitment. ' I 

Bee Criminal*. 1. Process, 5. Uunawuvs, 2. Slaves 6, $, 16, 17. "V\- 
granu. 1, -2* Vice and Immorality,' 3. Weights and Measure* & 
Wills, 1. Witnesses,^ 

COMPTROLLER. 

- 1782. C.12. . 

$3. A comptroller shall be appointed by the Ge- 
J Assembly, whose duty it shall be to direct the mode Appoiot- 
£tating, to check and control all public accounts in ev- mem agpl 
y department ; and he shall enter up in books for that duxies. 
rpo*e* a dear and distinct view of the accounts of each 
Dartment, ready for the inspection of the General As- 



tig . C^rfPTHQUXR 

aemblv ancr shall at any time when required by his eicel 
lency the govew>or and council ef state, make out a brie 
state of the public accounts for their information. 

II. §-9. i'ht comptroller, before'entering oatlAglii 

£ ties of his appointment, shall, before some justice of'thi 

*** .' peace, 'take the follow itig^ath" (which an under Oaths 

XIV.) ■' •  • 

bruro<" ill- % 10. Jn case /rf the Resignation or death of th 
caih <>r comptroller, the supreme executive are hereby authorise 
lorvGovr ant * ul *P 0Wer * ^ * u nominate a person to exercise the pow 
lay up- ers ant! perforin ttie duties of comptroller during the reces 
oi.t ef the General Assembly. 

1781 "C 17. 

To »d- ^V* $ *■ The comptroller is hereby authorised am 

ninUter empoffrreu to administer an oath or affirmation to ac 

athu, ac- couotunts and witnesses in support of the justice of sue 

t * llt * accounts as may be exhibited to him for liquidation, an 

Certify the same accordingly. 

V. $ 7.' The comptroller for the time being is hert 

by authorised and directed to call upon and demand < 

the several boards of auditors, district treasurers, com 

jti d*<io!ls ' s "° nera °f •P' C, 6 C taxes, the commissioners, si 

pdp^era pi j rintendams, and - all others concerned in the nu 

nagement, collection or disposal of confiscated esiat< 

the clerks of courts' who passed the accounts of 

commissioners of confiscation, all persons who have act 

cd as q'unrter*-masters and commissaries,' and all others i 

, the staff department, as well as all other persons whatsc 

ever who have in their hands,- custody or possession, at 

books, accounts, vouchers, or other papers belonging ' 

the state relative to the public accounts, to the end that t 

ftiay be able to, make a true and just State of Burn a 

counts. And in case any person or persons in win* 

panda, custody or possession, such books, accounts, vouci 

era, or other papers may be, shall refuse or neglect to d 

liver the some to the order of tre said comptroller, su. 

person or persons shall forfeit and pay for each andevei 

such neglect or refusal the sum of one hundred poun< 

»pt cie, to be recovered before any jurisdiction? having Co) 

rjizt>nce thereof!, by any person who shall sue for the san 

to his own use. 

Iftldiimi W- CIO. 

oheexbi' VI. $ 3. All claims shall In future be exhibited ; 

littd to the comptroller, and all persons making os demanding th 

**■ name shall take, and subscribe the following oath or affii 

nation : 

" I, A a, do swear or affirm fas the ease may be) that the.fiaS 



r 



» 



~w? y» ^ii t »i -ii'  , r-v^nr^^^^iviwwipavmp^ 



COMFTItOUXR. ^ ^ £}» 

Vf me now exhibited is justly due, that it has not be*n rejected . , | 
heretofore by arty of the auditors of this state, or by the comptroller, , . J • 
or by any committee of the General Assemblv, and neither by my- ** aiinallt * 
self or any other persou have I received satisfaction for the same or 
any part thereof." * 

Which oath or affirmation shall be endorsed thereon or 
annexed thereto, and the comptroller or some Justice of 
peace of the county wherein he n)ay reside, is hereby im- 
powered to administer such oath or affirmation. And (he ' 

comptroller, on receiving such claim, and certificate, shall 
examine* whether it is covered by any resolution of the N 

Congress, or any resolve or act of the General Assembly Hisdutt 
and reject or allow the same, according to the right of de- in respect 
mand founded on any such resolution or act, and shall en- °f ckdins 
ter all such as are well founded in a book cir books to be f*!! 1 ^ • 
kept for that purpose, under an account to be raised be- 
tween the state .and said claimant, and shall file those re- 
jected according to the county and date in his office ; and 
. further, said comptroller shall at the succeeding General 
Assembly lay before them a transcript of all allowances by 
Jiirn made, with the vouchers, that the Assembly may take 
Order thereon. • 

179% C. 13. 

VII. $ 1« The person who shall at any time here- 
after be^appointed comptroller, before entering upon the Togif* 
duties of that appointment, shall give bond, with sufficient boad. 
surety, payable to the Governor for the time being, for . 
the use of the state, in the sum, of ten thousand pounds, 
conditioned for the sale keeping of the public books of 
accounts and all vouchers which may come' into his pos- 
session, and lor the faithful performance of his duty in 
office. 

P VIIL § 2. It shall be the duty of the comptroller to To settle 

settle and report on all public accounts of the state, and to ^L^I? 
keep regular books and statements of the same, which he account* 
shall do in manner following, f hat is to say, he shal^ report * 
the net amount which shall annually become due and pay- 
able from the respective revenue officers to the treasurer of 
the state, to the end he may be informed of the same, and 
enforce the due payment thereof, first raising an account ' 

d 'debiting in his books each officer so reported, against 
rtiom he shall credit by the amount of such a receipts as , 

they or any of them shall from time to time produce from , 
the treasurer. 

IX* § a. The treasurer shall in all payments made To endorse 
*o him, grant two receipts of the same tenor and date, one receipts. 
rf phich receipts shall be filed is* the comptroller's office, 



*& HH 



•*T^ 



•^W*" 



't <? t  '■*■ 



l «•■!• 






-"T"i 



*z: 



•^W 



118 



COMPTROLLER. 



■£ 



t • 



.' -- 



i 






inrtiVidu 
ftfe. 



and the other shall be endorsed by the comptroller, and 
continue with the person who has made the .payment, with* 
out which endorsement of the comptroller no receipt said 
to be given by the treasurer shall be operative. 
How to ^* §^* r ^ e c ° m ptroller shall open an account with 
keep ac- the treasurer, in which he shall debit him with the amount 
countsffith of each respective receipt, which he shall have so plated 
treasurer, ^g aforesaid to the credit of the accounting revenue offi- 
• cers r and credit him by the amount of such warrants and 
other casfrciaims as he shall produce and deliver* 
f x Xl. § si It shall also be the duty of the comptroller 

to raise accounts and report in like manner against indivi- 
f^ J^ 1 * 1 , duals who tnay become chargeable^on any of the warrants 
or vouchers, hereafter paid him as though they ^vere re- 
venue officers, taking care not to v blend such accounts and 
reports with those already made or raised, or which may 
be hereafter raised, and made on vouchers in/ the compt 
troller's office. ~ * 

XII. §6. All monies becoming payable j& «she puhr 
Monies lie in the year 1793, and in each succeeding year J t which 
to ^^-paidg^^i not ^ p^ j n <| ue t i m e f Tj Ut ghaii be sued "tor and 

trei48Ur .by recovered, when received shall be paid into the treasury 
the clerk, by the clerjf of the court in which the recovery shall be 

8 j e Col 'had f and the receipt for such payments shall be rendered 

^^ x to the comptroller^ charged 4^d filed by him m manner 

aforesaid. 

' When to ,1 XIII. $ 7. It shall be she duty of the comptroller, 

strike bal- on the first day of November annually, to strike a ba- 

aD ' je * lance against the treasurer, and all other public account* 

TV aetile ants ' n arrea r, arid report a statement of the same to the 
his own ac- General Assembly, with whom he shall settle his own 
countswith accounts for the warrants and other claims received of 
•emblv. *" e P u bhc treasurer. ' 

These XIV. § &. The aforesaid regulations shall take effect 
re^uia- * on l h£ first- day of January next, and shall apply to the 
* uw when taxes of 1792 and ail other public dues payable in 1793, 
to com- and t h cnce forward. 1 ' ' 

XV. , § 9. The comptroller shall be annually elected 
F/ectcd by the General Assembly in the same manner tha.t the 
^pnually. • p U hlic treasurer is elected* 

AnofH- XVI. *§ 11. Aij official signed by the comptroller, 
c>ui is «vi- shall T>e received as 'testimony in the different courts in 
this state. 

* 1795. C.26L 

XVII, $ 1. The directions of said act with respect to 
the mode to be observed in keeping the public accounts 



dencc. 



r 



< 






COMPTROLLER 11 9 

* 

of this state, shall apply to and be observed in stating and The re* 
keeping all accounts whatever, the monies due or which Ralatio^ 
became payable after the first day of January, 1788, the £T i7 ^ ^ 
day on which the* comptroller's reports are by the. act of accounts^ 
I78$4*ee Taxes) directed to commence. 

XVIII. $ 2. The comptroller, in raising accounte individual 
against individuals in arrears under this act, shall charge | )0 w t be 
them with the balances for which the treasurer claimed char£e<i« 
credit in the settlement of, his public accounts up to the 
first day of November, 1793, awd which have beeu report* 
ed to the General Assembly, and posted up during the / 

{resent session, and with such other and further surras * 
e shall, from time to time be enabled to produce a charge 
against thenv. , 

18U. Cil5. 

XIX* c $ 1* It shall be the duty of the comptroller* 
immediately after the first day of November in every year To farce 
id prepare the account of the public treasurer of this statement 
state, with the state as the same shall appear on the books of lr £** u, 7 
of the comptroller's office, for the year preceding the said ^ Tl 
*rst day of November, stating the balance* of money in the 
treasury at the last settlement ; the receipts into the trea* 
smy within the year, particularizing the monies and ac- 
count from which the same accrued, and were received, # 
the amount received from each respectively, and a parti- 
cular statement of the disbursements from the treasury 
within the same period, and the money remaining in the 
treasury j and shall annex to said account a stattynen? 
of the revenue from each subject of taxation in every 
county of the state-— of which account and statement, the 
comptroller shall have printed two hundred and fifty co- ' • 
pies, before the meeting of the General Assembly next » 

ensuing the first day of November in every year, and de- 
liver the same within the first week of the session of the 
General Assembly to the clerk of either House, subject 
to the disposal of the. General Assembly. 

XX. $2. For printing the said account and state- 
ment, the" treasury shall pay a reasonable compensation 
in the certificate of the comptroller* • 

fee Army Accounts I, 2. Certificates 7, 14, 24, 25, 26, 37 Claims 5y 
10, Collectors of Arrears, 2. Entries 32, 33, 35, 39, 49, 50, 52. En- • 
toy-Takers and Surveyors 7, 16. Oaths, 14. Prisoneny Prisons and 
Stocks, 15. Salaries, 1. Seat of Government 1, <J. Soldiers 1, 2, 5. 
Taxe# 27, 28, 32, 34, 3? , 38, 51, 52> 55, 56, 63, 64, 11 U Treasure*; & 
Wiincsoes. 23~ 



V •' 



5 fttWFERESCE. 

- CONFERENCE. 

1799. C 4. ' 

VII. $ 1. The judges of the superior courts' of la* 
and equity within this state, shall meet 

imeetgether twice in each and every year at th< 

e * on the tenth" days of June and Dccen 

" days (hall happen on Sunday the mit i 

for the purpose of determining all qties 

equity, arising and remaining undcteroui 

V cuit.  " 

VIII. $ 2. The said judges, or any 
ipoint the first meeting after the passing of this 
A- a clerk of skill and probity, who shall giv 

ficient security, payable to the governor ft 
in the sum of five thousand pounds, con 
faiihful disihavgeiof his duties hi office, ; 
keeping of all records committed to his cus 
shall be lodged with the secretary of stal 
clerk, when so appointed, shall hold his oi 
behaviour ; but rTefore entering upon the 
office, shall before the (said judges or eijj 
an oath of the same tenor and effect as-th; 
 the clerks of the superior courts of law. 

IX. § 3. Whenever any questions 6 
hereafter shall -arise upon the circuit, b< 

irP1 „f]iidgfs of the Superior courts, which tl 
nit*., may |ge unwitting tw determine, and s.hal 

further consideration thereon, and a conf 

other judges ; or where any .questions o 

Rave already arisen on the circuit, and 

undecided by reuson of. a disagreement o 

the circuit ; in either case the clerk 

Under the direction of the judge then 3itti 

such question or questions shall arise or c 

out a transcript of the proceedings* in tk 

such -question or questions shall arise, 

same to the judge, before **r at the expira 
ior a, case shall be made up by the cotir 

and under the direction of the judge, or bj 
^ i.elf, as the nature of the case may req 

transcript or case so made as aforesaid, th 

at the meeting of the judges hereby appoi 

tlerk. 

X. . $ 4. The 'judges, at their said mee 
of^tbem, shall proceed to r argue and d<le 



• / 



pmm 



■■M"  - *  -•■' ' - ' ■■■#■..■' w 



CQNZESENCB, , -. ifii r 



ties* so as aforesaid brought before them* and shall sk j^w 
far tea days at each and every meeting, unless the btiei-oftfeecrt* 
oess shaft be sooner finished ; and each and every judge* 
at their said meeting shall <giv* their final opinion in eytry 
case in writing, to be tied with the clerk, and by him ' 
to be entered in a book kept for the purpose* % 

XI. $ 5* The clerk of the said meeting of tfee judges, Clerk* 
immediately after the rise of each and every sitting, shall duties. 
Bake out a full and correct certificate of the decision of 

the judges ready to be delivered to the person in whose 
favour the decision shall be, or to any person for him* oa 
application* or if any application should not be made, to 
be by said slerk transmitted to the clerk of the superior 
court of law and equity where the question had been do* 
pending and had arisen, and die clerk of the said superior 
court shall thereupon iss^e execution, as may be proper 
m the case, for the 'debt or damages that may have been 
recovered, together with the costs in the court of his dis- 
trict, or otherwise proceed as the decision of the judges 
may demand* x . 

XII. $ 6. ; The said clerk shs*Jl receive a compensation clerk'* 
far his services, a sum to be estimated by two of th4compeo**-\ 
judges, according to the business performed, oof exceed- tion. , 
log fifty pounds per annum oh certificate of which from 

tbe judges, the treasure* shall be authorised to pay the 
same. 

XIII. $ /. If no judge shall attend the day fi$ed on mav ^£ 
for the sitting of the court, the sheriff of the county of court J 
Wake, or any other sheriff attending, ihay adjourn the 

Iflune from day to day for three days* 

XIV. $ 8. This act shall continue in force from its 
commencement only for two years, and from thence to 
the end of the next succeeding General Assembly* 

1801. c. 12. 
XV* $ 1. The said meeting of the judges shall be style of 
\knowji by the name mid style of u The Court of Con- Court. 
fcreiine." 

XVI. $ 2- The judges of the said court of confer* 

cacc hereafter may and shall have power to sit at each I; Jfj^i"^ 
sod every term of the said court, as long, not exceeding 
fifteen days (Sundays excepted) as, the business pf said 
court shall require. • " ' * • 

XVII. § 4. It shall be the duty of the clerk of the Records 
taid court to permit any persons' to search the records of to be 

his office, and give and make out copies of the same, to Kwch ^ 
*ny person applying, for which he shall be entitled to the 

Q . 



CONFISCATION. 138 

foedt? depart nut of this $tate) sftall'have liberty to sell p epsrtn 
and dispose of bis or their estates, and after satisfying all ordered to 
jusj demands, to export the amount in produce (provi- depart to 
sions and Dayal stores excepted) and may also nominate geI1 lh ,r 
and appoint an attorney orattornies to sell and dispose of t |, e ^'les. 
)us or their estates for his and their, use and benefit ; buttatcs to be 
in case any real estate belonging to any such person shall krieited.- 
remain unsold for more than three months r.Rt after the 
owner thereof hath departed this state, the same .shall be 
forfeited jx> and for the use of the public. 
• , . X177- 'C. 17. 

II. § $,* Al}the lands, tenements, hereditaments and 
moveable property within this state, and all and every Confisca. 
right, tide and interest therein, of which any person was t -^n a ^ *~ 
seized or possessed, or for which any person had title on 

the fourth day of July- 1776, who on the said day was ab- 
sent from this state, f amJ every /part of the Unked States, 
and who is still absent from the same, or who hath at anv 
time during the present war attached himself to, or aided 
»nd abetted the enemies of the United States, or who has 
withdrawn himself from this or any of the United States 
alter the day aforesaid, and still resides beyond the limits 
of the United States, stall and are hereby declared to be 
Confiscated to the i^se of this state, unless such person 
shall at the next General Assembly which, shall be held 
after the fijs£ day of October, in the year 1 778, appear 
and be by the said Assembly admitted to the privilege of 
a citizen of this state, ajid re stored, to the possessions and 
property which to him once belonged within the same*. 

III. § £. The act shall not extend- to such persons 
as are or have been actually employed in the service ^of 

the United States pr any of them, and have not deserted Savings, 
to the enemy or traitorously violated their trust, as are 
imprisoned, of unsound mind, or upder the age of twen- 
ty one years. _ ' , > , 

IV. $ 4. Nothing herein shall avoid any fcales of 
lands, tenements, hereditaments or. moveable property, by 
such persons bona fjde made before, their departure, or * 
pursuant to act of 1st 1777, jC. 3, § 6, being the same pro- 
vision as above in 2d 1,777, C. 6. § 6. . „ . ^ 

177*, C 2. 
y. § 2. All the lands, tenements, hereditaments a^d 
personal property within this state of William T r\ on an.d Confisc*. 
Josiah Martin, Esquires, Sir Nathaniel Uuckehfield, Hen- | ian UJ "^- 
tj Eustace 'M'Cullpch, Samuel Cornell and Edmund Fan- n ^£ * 
ttWfcjrhomas M'lsoiaht, late of Currituck : James Par- 



14 - CONTISCATttn*. 

let, William M'Cormach, John Dunlop, Neal Snodgraai 

and John Lancaster, late of Pasquotank county; James 

Green* mariner, end John Alexander, late of" Craves ; 

Thomas Oldham, late of Chowan, Thomas Christie^ of 

the kingdom of Ireland ; Frederick Gregg,. late of New- 

Hanover ; Andrew feltller, Alexander Telfair, Hugh Tel- 
fair, John Thompson, John Ha 

late of Hanfax ; George Alsi 

chaet Wallace, John Wallace, 

"William Field, John FieldJ 

of Guilford county i John fit 

Roberts, late of fcWrry ; Geo 

James Gotten, Walter Cunn 

late of Anson j Samuel Bryan 

Sappenfield, late of Rowan ; 

Edgecombe ; Messrs. Dinwi 

of Bute Bounty jr Robert Pali 
' ward Brice Dobbs j Ralph. M 

Fields, James M'Meil, Af 

W'Coy, Neil M' Arthur, Jr 

Collin Shaw, -William Camp 

Thomas Rutherford, 'Wiliian 

Messrs' "Wilier and Brigden, 

exander M* Austin, late of N 

bell, Robert Bell and Duncan 

county j Francis Williams, 

Chauncey Townsend, 'Docto 

ton, abd Buchanan, Hastie, I 

andrr Afann, 1786, C 20. $ 

within the meaning of the a 

til and every the right, title 
By&n* each ■of the persons aforesai 
* uaa - the .said 4th day of July, 1 77 

be, and are hereby declared 

absolutely forfeited to this g 

the hands of the commission 

be appointed for the purposes 

VI. $ 14. All such lane 

j-mr, Cl 3. and 1777, C. tf> 

..omba- disposed of for a valuable coi 

ibedean* all debts, money and person 

csted. same not yet collected and a; 

direction of the said acts, aha 

to be confiscated to this state, 
• VII. $ 17. Thewifeor 

aforesaid wh« hath been, aw 



Mates 



' 



CONFISCATION. iJBS 

stste shell notbe debarred fmm bet tight of dower in and wwts 
to her husband's hinds but qhall be entitled to one third «** <*¥*; 
thereof, for and dating *ier natural life, to t* laid off bf £2j£°* 
the commissioners, in the same manner as lands in dower 
art by the common law, and that a proper Subsistence out 
of the sales of said husband's estate, shall be allowed to * 
the wife or Widow foresaid, for the maintenance of her* 
•elf and such children,' being minors, who are now resi» 
dents of thps states as the General Assembly mar direct. 

VIII. $18. Nothing herein shall empower the com- 
miasiQners appointed by this act to take into their posses- ^ ****** 
tion any household furniture or provisions belonging to 

the aged parents, wives, widows, or cb&dreti of any per- 
Soo whose estate is confiscated* 

♦1780. C.4. 

IX. $ 3. . The property of all persons who may at any confisatioa 
time hare joined, or shall hereafter join or attach them-byddlchp- 
•efares to the enemy, shall be comprehended within the tion« ^ 
nouiing of this act as confiscated. - ' # 

im. c. 4. 

X. $2* The estates of all such persons as have been 
heretofore in arms against and are now in service in de- _ 
fence of this state, and who shall continue therein sb long Confisca- 
ss to complete the term of eighteen months actual service ^J^J* ^ 
font the time of their entering respectively ; and also the certainper- 
estates of all such persons', who having joined the enemy sons. 
may return and serve in the army of this state agreeable 

to a resolve of thi$ General Assembly, shall be suffered to - * 
he and remain in the peaceable possession of the respec- 
tive families of a{L aucjh persons* 

1762. C6. 

XI. $3* \n all cases whatsoever, except in eases re- 
lating to the property of the persons Hereinbefore express* 
ly named, (being the persons n&nted in fmr. V.) the county 
commissioners of confiscated property, and where there Confines- 
ire no commissioners the sheriff, and where no sheriff, the tioniwwu*. 
Coroner of each county shall, by notice under their or his certaifie * 
hand, require each' and every person, in the county where 

they are commissi6ners, he is sheriff or coroner, in whose 
hands or possession any property is, which has been or may 
be seised aft forfeited, and all other property Within this 
state which may be deemed forfeited ahd confiscated by 
any law, though the same niay nothitberto have been seiz- 
ed or possessed- by any commissioner, sheriff or other of- 
ficer, to appear .at the next county court to be held for 
tocheownty, and before the justices thereof *how cause,; 



JS» CQNHSCATH] 

if any they have, why »"u,ch property shall not be adjudgi 

 , Inixuri-y. aa confiscated to the use of the aiate ; and on failure 

nfje'or"'' person ox persons so notified to appear, the properi 

w r.fiscs ed<« n tne hands of such person or persons shall be adjudgi 

ettaict. by the county court to be forfeited ; but wherever a 

' person or persons shall appear ro pursuance of such n 

tice, and dispute the right of confiscation, then and in th 

■case the court shall direct a trial to be had at the sat 

court, by the jury attending such court, iq the same ma 

ner as trials are had in other cases ; and in case of a vi 

diet being found that the property io dispute is forfeit 

under the confiscation laws, then the sairicshall be *c 

in the sanie manner^ as other property to be sold urn 

. . - this act : Provided, that claims set up under entries 

grants obtained since the declaration of independent 

shall nofbe deemed claims under this act, so as, to c 

Struct or dday the sale thereof except such entries 

_ " • grants as have been, or, may be made on the large tract 

land called No. 5, and of which Arthur Dobbs, Esq. d 

seized. , .. 

' XII. $18. Nothing herein contained shall be ci 
Ktrucd to invalidate or Affect any legal sales made and t 
"jj*? '^K consideration money bona fide paid to any of the persi 
' * mi ri)t; rated in this act, pursuant to' 1777, C. 6. $ 6. 

XIII. $ SO. Every person who has been a resid 
, , in this-state, and have heretofore attached themselves 

any manner whatsoever to the enemies, of this or the V 

_ ted States, it is hereby fully and. entirely expressed, t 

•f thine at- a " the property of such person, or persons shall be o 

iachin(f sidered as having' been forfeited to and for the use of t 

ihem»el«*a 8 tate ( f E om the time that 'such person so joined the ene 

i"v c^l- as aforesaid ; and that all bargains and sales, wills and < 

ested. vices made soas to interfere with this act, is and are he 

by declared .to be null and void to all intents and pur 

'.. . ses. " ■■..,. 

XIV. § 21. It shall be lawful foe the several coui 
courts in this. State, and they are hereby strictly icquir 
previous to any sales which may be made in virtue of i 
act, to set apart so milch of .the personal property, inch 

lt» r °u lv'°" *°8 a " household goods of every estate liable to be s 
fcc. ,' as aforesaid as will be sufficient for the reasonable s 
, port of the wives, widows and children of any pen 

whose estate is or maybe confiscated) and one-third 
. the lands, or so, much thereof as will be sufficient for th 
support, to be laid off by the county surveyor, in the sju 
manner as lands hi dower are, directed by the «oflomi 



r 



CONFISCATIPN. 1^7 

law, or may, «t tkeir discretion, assign the whole of thte 
land and manor plantation, where the same may be* of , 
small value, and not more than sufficient for the purposes . 
aforesaid ; and the respective county courts are hereby 
required to make due return of aU such l?nds and other 
property to the next General Assembly, for their further' 
determination : Provided, that no such reservation of pro- 
perty shall be made unless for wives, widows, and chil- 
dren now subsisting in this state* 

1785. C.7. f . " : 

XV. $ 1. Persons holding or deriving titles to any v 

real or personal estate jin^r a sale or sales lawfully made g^^aSf 
by commissioners of forfeited estates legally appointed for not su*i 
such purposes, shall be deemed not liable to answer any 
suit or suits in law or equity which hath been or fnay be* 
commenced by any person or persons so specified or de- ' 
scribed in the said confiscation acts as inimical to the 
states, or by any person or persons whatsoever claiming, 
by, from, or under them or any or either of them ; and 
the courts respectively shall and may, and they are hereby 
required in all such cases, upon the motion or affidavit , 
of the defendant or other person, and by his deeds and 
other document*, making it appear that he holds and de- . 
rives his title to the lands or chattels in question, under 
and by the sale of a commissioner pr commissioners of 
forfeited estates legally appointed, to dismiss all such 
suitors, 'suits, action or actions, at the proper costs. and • 
charges of the plaintiff or plaintiffs. 

1786. C.6\ 

. XVI. $ 1* The citizens -of this state are hereby de- 
' dared to possess and enjoy the right and privilege to What per- 
coinmence, prosecute; and maintain any suit or suits in^ ma:r 
aay of the courts of law -or equity within* this state, for 
any real or personal estate, sold by any of the cAmmis- t 
•toners of forfeited estates : Provided the said citizens* 
do not hold ot derive their titles by, from or under any 
person or persons narhed or described by some one of the • 
laws commonly called confiscation' laws. 

XVII. $ 2. In case any real estate should be deeme* 
by a commissioner of confiscated property to be forfeited, ut * de* 
and should be claimed by any cUizen or citizens, as not^edcoufi* 
ltabk to confiscation, such commissioner shall not proceed cat ed -to be 
' to the sale thereof, but shall' commence a suit for the re-**"* 1 fof * 
coveryof such estate," in the same maimer as by law di- 
rected fbfr the recovery of personal property withheld ' * 
from him : and such suit shall be institutedjjn his name 



IZS CONFISCATION. 

as commissioner ol Jus ovb particular district for and 

, behalf of the state, and the same proceedings shall beh 

thereon as in other suits of the like nature. 

179^ c. W. 

XVIII. $ I, Where any person or persons faavi 

purchased property under the confiscation laws of t 

tutte,sha4.*ue or be sued for the same in any of the super 

or courts of -tow within this state, and in -all cases wb 

suits maybe now depending an such account, it shall be 

Clerks fo ** utv °^ t ^ >c c ^ er ' t ™ BUC " < :nu n to give information' the 

£*c ™*i« of to the attorney or solicitor .general,- and supply b 
*suita> with* copy of the declaration Wtd'iri j.he said gaits, s 
the attorney or solicitor general shall ex officio be be* 
to assist h> the. said suit, and wke such legal precaut 
therein as Stay appear ta him best calculated to secure 
interest of the state. • 

- XIX. §2. Where «he person claiming under 
n«!irtift« state " * e , F 1 *' ntin "» he shall originate his suit in- the 
to-Bue inperlor court of law m court of equity, and if suitbe co 
'••'meitced against such person inaoy county court,the judgt 
judges of the superior court of law for (he district wher 
such county is. situated shall upon, motion canse the p 
(feedings to be hroiight up, before such superior cc*art 
certiorari or other proper writ. 

XX. $ *• Whenauy person or persons shsUi>e e% 

„t*d of land or other property purchased under the con 

cation laws of this state, after due trial and proper i 

, fence made agreeable to this act, it ah silt be incumbent U| 

him or them to prove to (he satisfaction ef the court t 

the certificates for which the lands or other property s 

1 were actually paid to the officer authorised hy law to 

ceive the same in, behalf of the suite ; and upon si 

proof being' made, the person or persons so evicted 

Injured, shall receive a certificate thereof from the cl< 

of the court, and signed by the judge, or judges bef 

whom the. injury was made, and aho specifying the any) 1 

• of the certificates so paid, which shall be a suffici 

Toucher to the treasurer for paying over- the amount 

certified,, agreeable to the value of certifixatea as ra 

 S'eeertl-and ascertained Ijy this act,' and he is hereby aothorii 

bdlits. ^yj (Jirected to pay the same accordingly. '. * 

_ XXI $ 5. Where any property purchased under 

property 8a ' e s nude by virtue of the confiscation laws, has been 

restored, may hereafter be restored by the General Assembly, a\ 

s ^ m P"i- due proof being made to the satisfaction of the- treasut 

that the ccrjjfkatca were actually paid by the puxcha 



> 



CONFISCATION. i&% 

or purchasers, he or they shall be entitled to the same re- Certifi- 
• lief as is provided by this act for persons that have been c * tcs 22 2S 
evicted of property purchased under the confiscation laws. 

1794. C. 3. X 

XXII. % 1. All lands not heretofore sold, which un» 
der any of the laws commonly called confiscation laws, 
have been forfeited or confiscated to the use 3f this state, 
art hereby granted to and vested in tha trustees of ^e ^*^ x * 
University of North Carolina, and their successors for- Slt y m l '" 
ever, in trust for the use and benefit of said University* 

XXIII. .$2* And whereas a number of the inhabit- 
ing of Mecklenburg county, and other citizens of this jJ^J^h - 
state, purchased lands from Henry Eustace M'Culloch, seJJfrom * 
taking his bonds to make a title or titles to the said pur-H. E. M'* 
chased premises, which lands have become confiscated to Culloch ' 
the state, and the said purchasers cannot procure titles to 
the same ; and whereas also other persons who bad pur- 
chased lands from the said Henry Eustace M'Culloch, 
executed njiortgages te him for the said purchased pre- 
mises, previous to the 4th day of July 1776, and it is pro- 
per that such persons should have some easy method of 
completing their titles, and removing the incumbrances 
aforesaid ; so much and such part of the said confiscated 
lands as may have been- bona fide purchased or mortgaged 
as aforesaid, are granted to and vested in the trustees of> 
the University of North-Carolina and their successors, 
not only for the use and purpose aboye mentioned in this 
act, but on the express trust that the said trustees and 
their successors shall take and use all proper ways and 

b ineans both in law and equity, to convey and assure to 
the equitable owners or claimants of such lands a good 
and sufficient title in law to the lands so purchased of 
mortgaged as aforesaid : such equitable owners or claim- 
ants paying or securing to be paid to the said trustees or 
their successors such sum of sums of money as may be 
justly and equitably due on such purchase or mortgage : 
Provided that the interest to be required from such claim- 
lots shall in no instance exceed the principal, nor shall 
interest in any case be calculated during the war; 

XXIV* $ 3. The said trustees shall keep an accurate 
account of the proceeds of the sales and payments made Account 6t 
for said lands, with their expenses and disbursements, to- f* 1 ** t0 b * 
gtther with a statement of all other monies entrusted to 
^ their management, either by the public or individuals, 
sod lay the same annually before the General Assembly* 
XXV. $ 4. The proceeds of all sales which shall be 

R 



) CONFISCATION. 

trrest made and the amount of all payments received under tl 

iiotfie act, shall be considered as a fund, the interest when 

e " ll J- shall be applied to the uses and purposes expressed 

this act for the term of ten years, at the expiration 

which time the principal thereof, after deducting t 

charges of collection, shall be subject to the direction a 

disposition 'of the General Assembly ; Provided tt 

whenever the principal collected shall exceed tenthiusa 

icipil. pounds, the surplus, if in cash, shall immediately be pi 

into the treasury of this state, and if in bonds, it shall 

the duty of the said trustees to transfer them without d 

lay to the public treasurer for the time being, to the i 

of the state. 

1799. C.2- 
XXVI. All power and authority to any person or pi 
sons or any body corporate, under the escheat law, a 
lcfe ,l, the act of 1794, c. 3, shall be suspended until the end 
h tci the next General Assembly. 

mil- XXVII. $4. The operation- of the act of limitatk 
Bl j" shall be suspended for the same period'**] n- all suits tl 
may hereafter be brought to recover the title or poss 
si on of the lands aforesaid, or part thereof. 
1801. C.4. i 

XXVIII. $ 1. From and after the pawing of i. 
. act, it shall and may be the duty of the judges of i 

rr^f' superior courts of law and equity in this state at the h 
courts they shall attend, to appoint some proper person 
each- district in this state, commissioner of con fiscal 
lands, whose duty it shall be immediately to search f 
demand, and receive, all confiscated lands, and sell 
public sale all- that have not been legally sold by I 
trustees of the University, or former commissioners ; a 
if any person or persons holding any confiscated Jan 
shall refuse to give up the same, the commissioners : 
pointed as aforesaid, are hereby vested with full pow 
and authority to sue for and recover the some, undert 
direction of one of the law officers of this- state T in a 
court having cognizance thereof, for the use of the sti 
as hereinafter directed. 

XXIX. §2. The said commissioners when so': 
pointed shall, before they enter on the duties of their < 

rod. See, give bond with approved security to the court, 

such sum as the court shall direct, for the faithful d 

charge of their duty, and shall take the following oath 

affirmation, viz. 

"I Ali, commissioner of confiscated lands for the district 



G0OT1SCAT1ON. igi 

,Ao .solemnly swear [or affirm] that, as commissioner of *aid Oath, 
tf strict, I will discharge my duty to the be&t of mv knowledge and 
ability. So help me, God !" 

XXX. $ 3. It shall be the duty of said commission* To account 
ers to account with the public treasurer annually, for with the 
monies by them collected in consequence of their appoint* Treasurer, 
ment, in the same manner and under the same rules, regu- 
lations, and restrictions as sheriffs of this state are bound 

by law to do, and shall be liable to the same fines and for- 
feitures as sheriffs are. 

XXXI. $ 4. The said commissioners shall be allow- 

ed ten per cent, on all monies by them collected and paid Allowance* 
into the public treasury, to be allowed and paid by the 
treasurer on settlement of their accounts, who shall be al« 
lowed ^he same in settlement of his accoirats. And if any 
commissioner appointed as «aforcs£d, shall refuse* to act* 
die, or remove out of the district for whici? he was a.pr x 

pointed, it shall be the duty of the judge attending the 
succeeding court of said district where such vacancy shall * 
have happened, to appoint another in the same majwer aj 
the first* 

1802 c.H. # 

XXXII. § It From and after the passing of this act, „ 
when any commissioner ot sonnscated property shall have Slone r to 
information of any confiscated lands within his district, it sell pro- 
shall be his duty to sei?e t»aid lands for the use of theP^ 1 ?- 
state, and shall cause the same to be sold at public sale, 

on a credit of one year for one moiety, and two years 
thereafter for the other moiety ,« for the most that may 
be gotten for the same, first giving two months notice by 
advertisement in the Raleigh Register, or in any gazette, 
published in the district where the land lieth, and by ad- 
vertisement to be set up at the courthouse of said dis* 
trict, end at each of the other courthouses within the 
same % and if any person should lay claim to said lands, When any 
previous to the aale thereof, he* altall notify the same tp ^ 1 ! 11 .* 9 
the commissioner, who shall at the next succeeding court [obe^vi^ 
of the district, cause an issue to be made up between the 
state and the person so claiming the land aforesaid, and 
a jury shall be imparmelled to try the same, subject to the 
same rules and regulations as are practised in the trials 
of other suits at law. Lands ^ 

XXXIII. % 2. It shall be the duty of the commis- be sold at 
siooers of each district, to sell the confiscated lands with- the cowrU 
in bis district at public sale at the courthouse in the coun- ^ 

ty where the land lieth, *first giving forty days notice, by 
ftfrtttiieiAent, to be $et up .a£ the courthouse and fcm 






CONSTABLES. 

c places in said county where said lands in 
ir all sales made under this act, he shall g 
.foresaid, and take from the purchasers be- 
nt security for the purchase money, payable 
- the use of the state ; and immediately af 
ion of the time for which credit was given, 
sd to collect the same : and the. same being 
hall transmit the amount thereof to the trea 
tate, first deducting ten per cent, for his cc 
the same* 

. $3. It shall be the duty of each comn 
nous to his selling any of the confiscated lai 
act directed, to issue his order to the surve; 
ity where the land lieth, directing him to n 
i out the lines of said iand^and make two j 
Hi!i**heraAsn^ return the same to him wi 
ys after the receipt of such order ; for wb 
jether with the hire of chain carriers, the. s 
lall be allowed forty shillings for each tract 
n so surveyed and returned, to be paid by 
issioner, out of the first money which n 
his hands, which shall be allowed him in 
of his accounts with the public treasurer. 

$ 4. When any tract of land shalVbe st 
!er the direction of this act, the commission 
rse on each of the plats of survey of said la 
ng certificate : 

commissioner of confiscated property, for the dift 
hereby certify^hat did on the day of 

, lit the courthouse in the county of , bit 

nlioucd in the within plat, for the sum of ,  

oitd and security fur the purchase money of the tai 

law." 

ts, being thus certified and presented to 
f state, he shall file the same in his office, i 
make out a grant to the purchaser, with one 
inexcd thereto; which grant shall be execui 
/ernor for the time being, and shall convey 
irrhaser, his heirs and assigns, all the cbU 
tide, which this state may have iq and to si 

Certificates 22. Entries 19. Univenity 5, 6, 9. 

CONSTABLES. 

The cc 
:after shall be within this government, shall, 



CONSTABLES. ± 33 

ike court to be holden for each respective county in this now t >. 
government nest after the first day of January, yearly and poinitJL ' 
every year, nominate and appoint as many persons of 
their said county as they shall judge necessary, to be con* 
stables within the same for the then ensuing year, which 
constables so appointed shall have the following oath ad* 
ministered to them, (which see under Oaths 23.) 

IC. $3. Each and every constable so appointed, no- 
minated, and sworn, is and are hereby invested with, Tlieip * w 
and may execute the same power and authority to all in- ers. 
tents and purposes as the constables within the kingdom 
of England are by law invested with and execute* 

III. $ 4. If any person or persons nominated and 
appointed constable by the court of any of the. counties 

within this government, shall neglect or refuse to qualify Penalty for 
himself according to the directions of this act, within ten *£* <l ua li- 
days afifer notice of his nomination and appointment as ^ ing * 
aforesaid, without he can show sufficient cause for his ne- 
glect, to be admitted of by the justices, who shall or may 
grant their warrant to recover the penalties in this act 
mentioned, he shall forfeit the sum of fiity shillings pro- 
clamation money, to be recovered by a warrant from two 
justices of the peace in the county where such person was 4 

appointed constable, and applied to the use of the county 
where such constable is appointed, provided such notice 
be in writing, signed by the clerk of the court and served 
by the sheriff of the county, or preceding constable, or 
such constable or constables as shall be appointed accord- 
ing to the directions of this act. 

IV. $ 5. No person in commission of any office, ci- crnpte ^> " 
yii or military, or member of Assembly for the time be- from serf- ' 
fog, nor any one who has served in any such station, nor in S- / 
any other who has served as constable within the space of 

i?e years before, nor any person who is exempt by tbe 
laws of England, shall be obliged to serve in the office of 
constable. 

V. 6 6- Any one justice of the peace of the county . One jus- 
shall and h* is hereby empowered to administer to the administer 
several constables hereafter to be appointed in his county, the oath, 
the oath directed by this act for their qualification. 

VI. $ f. Upon the death or removal of any consta- Vacancy 
Me out of the district for which he was appointed consta- ll0W 9U P- 
Me, it shall and may be lawful for the justices of the p * 
county court in which such district shall be, or any one 

of them, to appoint and swear another person to be con- 
ttstbl? in the room and stead of the constable dead or re- 



48* CONSTABLES. 

storing out of his district as aforesaid, who shall act ui 

the next county court, the justices, of which court st 

then either continue the person appointed as aforesaid, 

nominate and appoint a new one. 

Jo*nqrlec- ^"* $ 8 * " an J* constable to whom any precepi 

ting tu directed by any justice of the peace, shall refuse or 

•erve pre- g] c ct to serve such precept, he shall for every such offei 

e **** on complaint by the party prosecuting, be fined at 

discretion of the court of which such justice is a meml 

to be paid to the complainant. 

Justice VIII. §9. Itsh^llaad may be lawful to and for 

«j»y direct ; u>t ; ce r tnc p eace w ithin this government, to direct 

to an- per. such precept or mandate, in the absence of ur for wan 

•mi Ibr a constable, to any person not being a party who shall 

*"" t i°hu ohHged to execute, or endeavour in the best manner 

<i * B ' can, to execute the same, under the like penalty any t 

stable shall be liable to by virtue of this act, to be in 

vere-! and applied as aforesaid. 

IX. $ 10. Every constable within thjs province, 
_.. pointed and qualified as herein before directed, shall 

fssFikjaa" an * ' s hereby exempted from working on the roads 
and during the year he shall be constable. 
17B6 C. 14. 
Tomrc 5C . $ 8- The constables of this state shall be appo 
pwd. ed as usual, who shall enter into bond, payable to die 
vt-.rnor, with sufficient securities, with the court, in 
sum of two hundred and fifty pounds, for the faithful  
charge of his duty. , 

1790. c.2p. 
Mkyjrrre XI. It shall be lawful forany constable or consta 
.■wceaa on ; n tfa\ a state to serV e in like manner, as sheriji, u 
«acMck«, n an y ^ av ' r ' v * r » or creek, adjoining their counties, am 
return to the magistrate or magistrates of their respee 
counties all process usually executed by su4i officer or 
Scars. 

1793- C. 8. 

■ow - XII. $ 5. When any constable or constables in 

fteUedto county within thia, state, shall or may have received 

nay monies money in virtue of his office or appointment as consta 

wU,ecled * and shall fail to pay the same to the person or pers 

entitled to receive it, then and in that case it shall  

may be lawful upon motion made in the court of the cou 

in which such constable resides, for said court to g 

judgment against such constable or constables, and his 

their securities, for all sum or sums of money soreceii 

and collected, together with costs, and to award execut 

thereon, in d|£ same manner as other executions iisu 



  » — ■w 



/ r constitution of KoKfif-cABtenri; |3^ 

from said court, pf ovided^uch constable has ten days £fre- 
vious notice of such motion ; and where it shall so hap- 
pen that any person's appointment as constable shall ex- 
y pire, or he shall be removed from his office or appoint- 
ment before such motion made, the same remedy, pro- 
ceedings, and relief may be had against him as if such 
person was actually in office* 

1810. c.18. 

XIII. § 1. Jrom and after the ratification of this act, Sheriff^- 

♦hen any sheriff, constable, or clerk of any court within J^"^^ 
this state, shall, by virtue of his office, receive any sum bow to be 
or soms pf money for or on account of any person or per- dealt with 
sons whatsoever, and shall not on application made to him "" falm? 
pay the same, such person or persons may give to such She- f or money 
riff, constable, or clerk ten days 9 notice in writing, to be roocuwi. 
proved in the usual manner, to appear before some jus- 
tice of the peace of the county, to show cause Why the 
justice should not grant judgment and issue execution 
for the saihe against him and his securities* And if 
such sheriff, constable, or clerk, shall not appear before 
tach justice, or if appearing, does not show sufficient 
cause to the contrary, ft shall be lawful and proper for 
such justice to enter up and grant judgment and award 
eiecution against such delinquent for the money due, — Not tie**' 
Provided, that nothing contained herein shall be constru- tend to ds> 
td to extend to any case where the demand or sum shall man<1 «™" 
exceed twenty pounds ; any law, usage, or custom to fhe xsoi, i. 
contrary notwithstanding* 

1804- C.8. 

XIV. $2- The constables who may hereafter be ap* Const 
pointed shall givie bond and security in the sum of five?* 8 ^ 
hundred pounds, under the same rules, regulations, and 
restrictions as are already provided by law* 

See Escape 1, 3. Execution. Fees 19. Gaming 5. Impeachment 6. 
Justices 7, 8, 9, 10, 11, 1% 13, 14, 17, IB, 24, 25, 26, 27. Lands 14. 
Oaths 23. Overseers of Roads 1. Poor 7. Runaways 3, 7, 8, 9, 10. 
Sailors t. Sales I. Sheriffs 1. Slave* 9, 68, 79. Taxes 7, 4f , 
Weights and Measures 6. Witnesses 6. 

CONSTITUTION OF NORTH-CAROLINA. 

BBCLARJLTIQ2T Of BIGHTS. 

$ 1. That all political power is vested in and derived from the 
people only. 

$ 2. That the people of this state ought to have the sole and ex* 
elusive right of regulating the internal government & police thereof 

S 3. That no man or set of men are entitled to exclusive or se-' 
parate emoluments or privileges from the community, hot in consi- 
deration of public services. 



"i3# CONSTltUTION 0? SORTli-CAROLMA. 

{ 4. That the legislative, executive, and supreme judicial pow 
of government ought to be forever separate and distinct from e; 

$S. That all power of suspending laws, or the execution of la 
by any authority. Without consent of the representatives of the p 
pie, is injurious to their rights and ought not to be exercised. - 

$.6. That elections of members to serve as representative: 
General Assembly ought to be free, 

5 7. That in criminal prosecutions every man has a right tn 
informed of the accusation against him, and to confront his accui 
and witnesses with other testimony, and shall not be compete 
give evidence against himself. 

5 8. That no freeman shall be put to answer any crimi 
charge, but by indictment, presentment, or impeachment. 

i 9. That no freeman shall be convicted of any crime, bot 
the unanimous verdict of a jury of good and lawful men, in o 
court, as heretofore used. 

§10. That excessive bail should not be required, norexces: 
fines imposed, nor cruel or unusual punishments inflicted. 

§ 11. That general warrants, whereby any officer or messes 
may be commanded to search suspected places, without evide 
of the fact committed, or to seise any person or persons not nan 
whose offence is not particularly described and supported by 
deuce, are dangerous to liberty, and ought not to be granted. 

512. That no freeman ought to be taken, imprisoned, or 
seised of his freehold, liberties, or privileges, or outlawed or exi 
or n any manner, destroyed or deprived of his lite, liberty, or j 
petty, but by the law of the land. 

§ 13. That every freeman restrained of his liberty, is entitle' 
a remedy, to enquire into the lawfulness thereof, and to remove 
same if unlawful ; and that such remedy ougii t not to be denied 
delayed. 

4J4. That in all controversies at law respecting property, 
ancient mode of trial by jury is one of the best securities ol the ri| 
of the people, and ought to remain sacred and inviolable. 

§ 15. That the freedom of the press is one of the great bulwi 
of liberty, and therefore aught never to be restrained. 

$ 16. That the people of this state ought not to be taxed 
made subject to the payment of any impost or duty, without 
Consent of themselves or their representatives in General 
scntbly, freely given. 

§ U. That the people have a right to bear arms for the deft 
of the state ; and as standing armies, in time of peace, are dan; 
ous to liberty,' they ought not be kept up ; and that the niilii 
should be kept under strict suhordi nation to, and governed by, 

5 ltJ. That the people have a right tn assemble together to ( 
■ull for their common good, to instruct their representatives, 
to ajiply to the Legislature for redress of grievances. 

§ 19. That all men have a natural and unalienable right to » 
ship Almighty God according to the dictates of their own couscie 

§20. That for the redress of grievances, and for amending 
Strengthening the laws, elections ought to be often held. 

§ 21. That a frequent recurrence to fundamental principli 
absolutely necessary 10 preserve the blessings of liberty - 

5 ^j!. That no hereditary emoluments, privileges, or bono 
ought !o be granted or conferred in this state. 



! 



! 



C^NSriTimON O^ NORTHS AKOUN A: * i0 

$ S3. That perpetuities and monopolies are contrary to the ge- 
jtmis of a free* state, and ought not to be allowed. , 

{ 24. That retrospective laws* punishing facts committed before 
the existence df such laws, and by them only declared criminal, * 
are oppressive* unjust* and incompatible witfc liberty ; wherefore, 
no ex post facto law ought to be made. * 

J 25. The property of the soil, in a rree government, being one 
tf the essential rights of the collective body of the people, it is neces- 
sary, in-order to avoid future disputes, that the limits of the state 
should be ascertained with precision. And, as the former tempo*- 
rary line between North-Carolina and South-Carolina was confirm- 
ed and extended by commissioners appointed by the Legislatures 
of the two states,' . agreeably to the order- of ' the  late king George - 
thesepctod, in council* — that line, and thai only, should be esteemed 
the southern boundary of this state, as fcrtfcws i-ahat is to say,-*. 
Beginning on the sea sice, 1 at a cedar stake 1 at-or ^ear* the motith of 
little river, being the southern extremity of Brunswick county ; 
and running from thence^a north-west course through the Boundary; 
hsuse, which- stands in 33° 5 C, to 35° north latitude ; and from' 
thence a west course so far as is /mentioned in the charter of king 
Charles the second, to the late proprietors of Carolina. Therefore, 
ill the territories, seas, wafers, and harbours* with their appurte- 
nances, lying between the line above described and the southern 
line of the state of Virginia, which begins oh the sea shore in S6* 3(f • 
north latitude*, and 1 from thence runs west, agreeably to the said 
charter of king Charles, ai»e the right and property of the people 
ff this state, to be held by them in sovereignty ; any partial line; 
wnfcoat the consent of the Legislature ol this state* at any time 
thereafter directed or laid out, in any wise notwithstanding. \ Pro- 
vided always, that this declaration of rights shall not prejudge any 
nation or nations of Indians from enjoying such hunting grounds as ' 
mar have been, or hereafter shall be secured to them by any former 
Or future Legislature of this state. And provided al&p, that it shall 
not be construed so as to prevent the establishment of one or more 
governments westward of this state,' by consent of tl\e Legislature^* 
And provided further, that nothing herein contained, shall affect 
the titles or possessions of individuals, holding $r 'claiming under 
the laws heretofore in force, or grants heretofore made by the late, 
king George the third, or his predecessors* or tte late lords proprK ' 
etors* or any of them.: 

• * 

COVSTlttTIOH. „ , f N 

Whereas allegiance and protection are in their ntturje recipro* 
oal,and the one should of right be refused when the other is with- 
drawn. And whereas George, the third, king of .Great Britain, and.' 
bte sovereign of the British American colonies* hath not only* 

• In the year 1?89, the legislature of this state ceded to the Cpngreaa 
of the United States, " all right, title, and claim, which this state had to. 
the sovereignty and, territory of the lands . situate within the chartered. 
limits of this state, west of a line beginning on the extreme height of the 
Stone mountain, at the place where the Virginia line intersects it; run- 
ning thence along the extreme height of said mountain to the place where 
Wauu^o'river breaks through »t; thence a direct course to the top of 
the Yeuow mountain, where JJright's road crosses the same; thence along 
the ridge of the said mountain between the waters ofDoe river' and the wa-. 
fejs'of Bock-creek* to the piacewhere the road crosses the I/on mountain-* 

S -  



withdrawn from ili(.ai lm protection, but by* an act of the Bri 
legislature declared the inhahitants of then: Hate* out- of the p 
tuptiou of the British crown, and all tlieir property found upon 
high. seas liable to be.seized. and confiscated to the u '' 



i the said act. And Jie said 'George the third has also sent Si 
id armies to pro&eciile a cruel war against then, for the purp 

of reducing the inhabitants of the said colonics to. a state of abj 



slavery, in soase<]ueitce whereof, aH government under then 
khig, wijJiki the said colonies, lias ceased, and a. total dissoluiioi 
eovernmeiit.il) many of them hath taken place. And whereas 
CwuineiiljtlGongettStt, having considered the premises, and ot 
previous violatktfB of the .righfa of the good people of Amer 
have, thert'foiii, declared..tiat the Thirteen United Cotonieii 
of right, wholly abaolyell .from all ; allegiance to the British*™ 
cc any other fatt*igaj uristjjcf ion-whatsoever ; and that the said 6 
nrw ijow are, and- fweycr shaJl be, free and independent su 
Wherefore, in our- present state, in order t* prevent anarchy i 
confusion, it become* necessary^ that » government should ben 
blished in- ihia state. Therefore, we, the represents vivea of 
freemeq-of Morth-Curoliaa, chosen and assembled, io-cungrew, 
the exprewpurposecf franting a Constitution, under the autboi 
of the people, moat'eoqducive to their happiness and prosperity, 
declare, that a government for this state, shall be established 
manner and form following,, to wit : 

f 1. That the legislative authority shall be vested in two distil 
branch**, both, dope a dan t on the people, tu wit. a Senate and H« 
of Cominou*  • 

{2. Tliat the Senate, stall be composed of representative* 
Dually choaavby ballot.; oue from each catum-iu this state. 

(3.. That th« House o£ Commons shall be composed of rej 
scut* lives annually chosen, by ballot ; two for each county, i 
one for each of the towns of Eden ton,. Newbem, Wilmington, Sa 
bury, .Hillsborough, and, Halifax,* ... 

$.4, That the Senate and. House of Commons, assembled 
tho^awpnse of.le|pslaiieo r ~BbaU'. be- denominated, The General, 
sembly. . ....... 

4. s. That each jnesaberYnf' (lie Senate, shall have usually 
sided ixt the county id which. he iaohoseti,. for one year immediat 
prucvdiiiijliis.eleciiijoet aodiiuube nansc time shall have possess 
and continue to possess, in the county which he rxpremts, not 1 
than three hundred acres of laud,, in fee. 

f 6. That each member of the Iluuse of Commons shall' hi 
usually resided in the county iff which he Is chenen, for one y< 
iuiaiedttK*}} -preeedtng his election, and for-aix months shall hi 

from thence- along" th> eitrreme net girt of said monntain to where N 
ehu'eky riverrttnsthpough the same': thence to tire top of the Bald mo 
tain ; 'thence a)nng the eilreme height of said mountain to the Pain 
rock on Prenchhrian river klonp the highest ridge of the nid mouni 
to the place where it is called the Great Iron or Smoky mountain: the 
along the estrerae height of said mountain^ a the place where* it iscal 
Unicoy or Unaka mountain, between the Indian towns of Cowee and < 
Chota; thence siting the main ridge of said mountain to the south 
boundary of this state," And the Congress, in the following year, accep 
this cession. 

• By an ordinance of die Convention, filch met in 1789, it is ordaii 
and declared, that the town of FaveUCrille shall alao be reru-ejeatet 
■be 'General Assembly.- 



' 



INSTITUTIO N OF VORTO^ABOUXX. ~£$9 

*•, 
^possessed, and continue to possess, in the county whkV bereprev 
.sent*, not less than one hundred jicres of land, in fee, or for the term 
of hiiown life.' » 

it. That all freemen, of the age of twenty one years* who 
have been inhabitants of any one county within the mate, twelve 
months immediately p? eocding the day of any election, and possessed 
of a freehold, within the same county, of fifty acres oHand, for six 
months next before, and at the day of election,' shall be entitled to 
iwefor a member of ttie.$ennte.- 
$ 8. That aU freemen, of the age of twenty-one years, who have 
been inhabitants of any county within this state, twelve foonth* is*> 
mediately preceding the day of any election, and shall have paid 
public taxes, shall be entitled to Vote for members of the House of 
Commons, for the county in which he resides. 

$ 9. That aU persons possessed of a freehold 1n any town in this 
State having a right of representation, and also all freemtfft w&q 
have been inhabitants of any such town twelyeMbonths next before 
and at the day of election, and shall have paid public taxes, sh«U 
be entitled to vote for a member to represent such town in the 
Hoaseof Commons.' Provided always, that this section shall ne£ 
entitle any inhabitant of such tosro to vote for members of the House 
of Commons for the county in which he may reside; nor any free* 
holder in such county, .who resides without or beyond the limits of 
sach town, to vote for a member for said town. * 

{ 10. That the Senate and House of Commons when met, shall 
each have power to choose a speaker and other their officers, be 
judges of the qualifications ana elections for their members, sit 
upon their own adjournments, from day to day, and prepare bills 
to be passed into laws* The two bouses shall direct writs of elec* 
tion for supplying intermediate vacancies, and shall' also jointly, 
by ballot, adjourn themselves to any future day and placed ' ' 

$11. That all bills shall be read three timet hi each house be* 
|sre they pass into laws, and be signed by the, speakers of both^ 
houses. 

$ 12. That ©very person who shall be choswi a member of the 
9enate or House of Commons, or appointed tp any office or place' 
of trust, before taking his seat, or entering upon the execution of his 
office, shall take an oath to the state. And «all officers shall alio 
take an oath of office. 

$ 13. That thet?eneral Assembly shall, by joint ballot of both, 
houses, appoint judges of the stfprfemenceurts of law and equitv, 
judges of admiralty; and an attorney general, who shall be com- 
missioned by the governor and hold their offices during good beha- 
viour. ' \ 

i 14 That the Senate and House If Commons shall have power 
to appoint the generals and fieW oflfcers of the niilitia, and all of- 
ficers of the regular army of this state. 

§ 15. Thatthe Senate and House of Commons, jointly, at their 
hit meeting after each annual election, shall, by ballot, elect a 
• governor, for pne yeapj 'who « shall not be etsfciblc to that offite 
longer than three yearr hVfciwsttc^ttiSiV'* years. That no person, 
wider thirty years, of age* .nntfwhohas hot be*i» a resident in this 
state above five years, and having, in the state* * freehold, in lands,' 
and tenements* above the value of one thousand pounds, shall be* 
eligible as governor. 

' J 16. That the Senate and House of Commons, jointly, at their 
ttatmtets&f after sach aannal election, shall, by ballot* «4e*t se**^ 



t ; who shall advise 1 
i that four members si 1 
igs (halt be entered h 
and signed by the me 
ToemWr present may • 
1 laid before the Gene 

Mate, which shall be k 



being, shall be capi 
ihitia ; and in the re< 
wer, hy and with the 
the militia for the pu 

eing, shall have powe 
as shall be voted by 
f government, and be 
so may, by and with 
es, or prohibit the exp 
t exceeding thirty day 
era! Assembly ; and s 
reprieves, except wl 
he General Assembly 
i case, he may, in tht 
ig of the General Ass 
cutive powers of gov 
constitution is men tin 
tnd on bis death, inab 
if the Senate for the 
or absence, from the* 
shall exercise the po 
uch absence or inabiiii 
t until a new n 



iflicer, the right of w 
in the General Assen 

:, by- other meant, bee 

r, with the advice ol 
by granting a tempo 

d of (he next session o 



joint ballot of both bo 
ra for this state. 
icers, offending agsinl 
[utiou, raal-sdininiftrs 
impeachment of the G 
Li»d jury of any court o 

all, by joint ballot of 

ire have been, or hew 

tuve a seat in either li 



r 



wbotitoitok of nootk-c abound i#f 

tf the General Assembly, or be eligible to any office in this state, 
atonl soch persons shall nave folly accounted for and paid into the 
fceafiff all sums for which they may be accountable and liable. 

$ 26. That no treasurer shall have a seat in either the Senate, 
House of Commons, or council of state, during his continuance, in 
cffice, or before he shall have finally settled his> accounts with the 
public, for all monies which may be in his hands at the expiration 
of his office, belonging to the state, and hath paid the same into the 
^ands of the succeeding treasurer. 

' i 27. That no officer in the regular army or navy in the service 
and pay of the United States, of this or any other state, nor any con* 
tractor or agent for supplying such army or navy with clothing or 
provisions, shall have a seat in either the Senate. House of Commons,. 
or council of state, or be eligible thereto ; and any Member of the 
Senate, House of Commons, or Council of State) bein^ appointed to 
tod accepting of such office, shall thereby vacate his seat. 

$ 28. That no member of the council of state shall have a seaf 
cither in the Senate or House of Commons* . 

J 29. That no judge of the supreme court of law or equity, or 
judge of admiralty, shall have a seat in the Senate, House of torn* 
>moas, or council of state; 

$ 3a That no secretary of this state, attorney general, or clerk 
flf any court of record, shaft have a seat in the benate, House of 
Commons, or council of state. 

$31. That no clergyman, or preacher of the gospel, ofanydet 
nomination, shall be capable of being a member of either the Senate, 
House of Commons, or council of state, while he continues in tfce 
exercise of the pastoral function. 

i 32. That no person who shall deny the being of God, or thev 
truth of the protestant religion, or the divine authority of the Old 
Pr New Testament, or who shall hold religious principles incom- 

Etible with the freedom and safety of the state, shall be capabletof 
Iding any office or place of trust or profit in the civil department, 
within this state. 

i 33. That the justices of the peace within the respective coun- 
ties of this state, shall, in future, be recommended to the governor 
for the time being, by the representatives in General Assembly, and 
the governor shall commission them accordingly. And the jnstices, 
when so commissioned, shall hold their offices during good beha- 
viour, and shall not be removed from office by the Gf neral Assem- 
bly unless for misbehaviour, absence, or inability. 

$ 34. That there shall be no establishment, of any one religious 
church, in this state, in preference to any other ; neither shall any 
person, on any pretence whatsoever, be compelled to attend any 
place of worship, contrary to his own faith or judgment, nor be 
obliged to pay for the purchase of any glebe, or the building of any 
house of worship, or for the maintenance of any minister or ministry, 
contrary to what he believes rignt, or has voluntarily and personally 
engaged to perform. But all persons shall be at liberty to exercise 
their own mode o$ worship. Provided, that nothing herein con- 
tained, shall be construed to exempt preachers of treasonable or 
seditious discourses from legal trial and punishment. 

§ 35. That no person in the state shall hold more than one lu- 
crative office at any one time. Provided, that no appointment in 
the militia, or to the office of a justice of the peace, shall be con- 
sidered as a lucrative office. 

136. Th^tallcommiswoiiSAnd^ntsshaUruninthenaracofttfceH 

i . .» < 



£4% const n cnosr. oc the ubtted staies, 

state of North -Carolina, and bear test, and be signed bf tha goi 
v or ;— and all writs run iu the same manner,- and bear test, an 
signed by the clerks of the respective courts ; — and indictmeati i 
conclude. " against the peace and dignity of the state." 

_$37V That the delegates for this state to the Continental 
gi-L-ss, while necessary, shall be chosen annually by the Gei 
Assembly, by ballot; but may be superseded, in the mean tim 
the same manner ; and no prt-aon shall be elected to serve in 
capacity more than three years successively. 

$ 38. That there shall be a sheriff, coroner, or coroners 
constables, in each connty within this state. "" 

$ 59. Tliat the person of a debtor, where there is not a si 
presumption of fraud, shaH not be confined in prison after del 
ing up, bona tide, all his 'estate real and personal, for the usei 
creditors, in such manner as shall be hereafter regulated by 
All prisoners shall be bailable, by sufficient sureties, miles 
capital ofiences when the proof is evident or the presumption f 

$ 40. That every foreigner, who .comes to settle in this i 
having first taken an oath of allegiance to the same, may pun 
or by other just means acquire, Jiuld, and transfer land, or 
real estate ; and, after oue year's residence, shall be deemed i 

r il. That a school or schools shall be established by die I 
latiirc, fur the confenient instruction of youth, with such salsr 
the masters, paid by the public, as may enable them to instn 
low prices- And all useful learning shall lie duly encouraged 
promoted ' n ° ,ie or more Uniiersiiies. 

$42. That no purchase of lands shall beraade of the India 
lives, but on behalf of the public, and by authority of the Ge 
Assembly. 

$45. That the future Legislature of this -stute shall rej 
! an tails in such a manner as to prevent perpetuities'. 

$44. That the declaration of rights is hereby declared 
part of the constitution of tbis state, and ought never to be vk 
«n any pretence whatever. 

$ 43. Tliat any member of either house of the General Ai 
fcly, shall have liberty to dissent fr<im, and protest against at 
or resolve wliich he may think injurious to the public or any 
dual, and have the rcas.ai* of his dissent entered on thu journa 

$ 46. That neither house nf the General Assembly shall 
cetil upon public business, unless a majority of all the inembe 
such house are actually present ; and that npon a motion mad 
■eciinded, the- yeas and nays upon any question shall be take. 
t;;:'eivii nn the journals-; and that the journals of the procce 
fit bntl'i nouses of the General Assembly, shall be printed and 
public immediately after their adjournment- - 

This constitute hi is not Intended to preclude the present Con 
frixti making a temporary provision for the well ordering o 
state, until the General Assembly shall establish a govern 
agreeably to the mode herein before prescribed. 



CONSTITUTION OF THE UNITED STATES. 

Wc, the people of the United States, in order to form a most 
Ject uninn, establish justice, insure domestic tranquility, prosit 
toB common defajee, promote the general weUare, andseqp 



coN8TrrunoN of the ttkited 8fAf r&. H&' 

 

Hearings of liberty to ourselves and our posterity, do ordain and 

establish this constitution for the United States of America. 

Art. I. $ 1. AH legislative powers, herein granted, shall be 

vested in a Congress of the United States, Wiiich shall consist of & 
Senate and House of Representatives. 4 - • 

i 2. The House of Representatives shall be Composed of mem* 
beflSffchosen every second year, by the people of the several states ; 
•ad the -electors in each state shall have the qualifications requi- 
site for electors of the most numerous branch of the state legislature. ' 

No person shall be a representative who shall not have attained 
to the age oftwenty five years and been seven years a citizen of the 
United* States, and who shall not, when elected, be an inhabitant of . 
that state in which he shall be chosen. 

Representatives and direct taxes shall be apportion <*d among; the" 
several states which may be included within tnis union, according to ' 
thejr respective numbers, which shall be determined by adding to 
the whole number of free persons*, including those bound to ser- 
vice for a term of years and excluding Indians not taxed, three-fifth v • 
of aU other persons. The actual enumeration shall be made within 
three years after the firfct meet'me: of the Congress of the United 
Sutes r and within every subsequent term of ten years, in such man-* 
oeras they shall by law direct. The nnmher of representative* 
fhall not exceed one for every thirty thousand, but each state shall* 
hare at least one representative; and until snch enumeration shall 
be made, the state of New- Hampshire shrill be entitled to choose 
tjiiee, Massachusetts eight, Rhode-Island and Providence Plantar 
twos one, Connecticut five, Net*- York six, New-Jersey four, He row 
•rtania eight, Delaware one, Maryland six, Virginia ten, North* 
Carolina five, South- Carolina five, and Georgia three. 

When vacancies happen in the representation from any state, the 
executive authority thereof shall issue writs of election to fill such' 
vacancies. 

The Hdhse of Representatives shall choose their speaker and- 
other officers, and shall have the sole power of impeachment. 
k h3 The Senate of the United States shall be composed of twti 
^senators from each state, chosen by the Legisl attire thereof, for six? 
*ycars; and each senator shaH ha,veone vote. 

Immediately after they shall be assembled, in consequence of the 
first election, they shall be divided, as eoualhras may be, into three 
dagse*. The seats of the senators of the first class shall be vaca- 
„ ted at the expiration of the second year, of the second class at the 
1 expiration of the fourth year, and of the third class at the expiration 
*f the sixth year, so that one third may be chosen every 'second 
year; and if vacancies happen, by resignation or otherwise, during 
me recess of the Legislature of any state, the executive thereof 
J 1 *? make temporary appointments until the next meeting of the' 
**§i*mture, which shall then fill soch vacancies. 

"0 person shall be a senator who shall not have attained to tmy 
*ge of thirty years and been nine years a- citizen of the United' 
States, and who shall not, when elected, be an inhabitant of that 
**te far which he shall be chosen. 

The vice-president of the United States shall be president of the 
Seaate, but' shall have no vote unless they be equally divided. 

The Senate shall choose their other officers, and also apresfdent 
P^otempore! id the absence of the vice-president, or when he ahiS. 
the office of president of the United " 



MNSTrruftoN of tre unttep states.- 

■The Senate shall have the, sole power to try all impeachrae' 
When sitting for. that purpose, they shall be on oath or atfirmai 
When the president of the United States is tried, the chief jus> 
shall preside. And no person shall be convicted without the c 
Currence of two-thirds of the members present.. 

Judgment, in cases of impeachment, shall nut extend further t 
to removal from office and disqualifieutiim to hohl and enjoy any 
fie'e of honour, .trust, or profit, under. the United States. But 
party convicted siiall, nevertheless, be liable and subject to ind 
inent, trial, judgment, and punishment, according to law, 

$ 4. The times, places, and manner of holding elections, 
senators and representatives, shall be prescribed in each state, 
the Legislature thereof. But the Congress may at any time, 
lav, make or alter such regulations, -except as to the place 
choosing senators. . . , 

The Congress shall assemble at least once in every J"car, ' 
such meeting shall be on the first Monday in December,, unless t 
shall by law appoint a different day. 

( 5. Each house shall be the judge of the elections, returns, : 
qualifications of its own members ; and a majority of each si 
Constitute a quorum to do business. But a. smaller number *nay 
jpurn from day to day, and may be authorised to. compel the 
teadance of absent members,' in such manner and under such pet 
tie* as each house may provide. 

Each liouse niay determine the rules of its proceedings, punish 
members for disorderly behaviour, and with the concurrence of I 
thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from ti 
to time publish the same, excepting such part as limy in their ju 
meat require secrecy. And the yeas and nays of the member! 
either house on a question, shall, at the desire of one-fifth of th 
present, be entered ou the journal. 

Neither house, during the session of Congress, shall, without i 
consent of the other, Hdjiiurn for more than three days, nor to a 
other place than that in which the two houses shall be sitting. 

% 6. The senators and rep re sen tat ires shall receive a coin pen: 
lion for their services to be ascertained by law, and paid out of t 
treasury of the United States. They shall in all cases, except tn 
sou, felony, and breach of the peace, be privileged from arrest c 
ring their attendance at the session of their respective houses, a 
in s;oing to and returning from the same. And for any speech 
debate in either house, they shall not be questioned in any otb 
place. 

Mo senator or representative shall, during the time for which 
was elected, be appointed to any civil office under the authority 
the -United States, which shall have been created or the emoluuiet 
whereof shall have been increased during such time, , And no pc 
son holding any office tinder the United States, shall bcamemb 
of either bouse during his continuance in office. 

$ 7. All bills for raising- revenue shall originate in the House 
Representatives. But the Senate may propose or concur wi 
amendments as on other lulls. 

Ever}' bill which shall have passed the House of Representativ, 
■nd Senate, shall, before it become a law, be presented to the pn 
lidentof the United States. If he approve, he shall sign it; but 
[lot, fie shall return it, with his objections, to that house in which 
sudll have originated, who shall cater tits otjecCious, at large,' c 



I 



I 



Constitution of the united stat^ i4fr 

«etr journal, and proceed to reconsider it. If, after such reconsi- 
deration, two- thirds of that house shall agree to pass the bill, it shall 
be sent, together with the objections, to the other house, by which, 
it shall likewise (^.reconsidered ; and if approved by two-thirds 
of that house, it shall become a law. But, in ail such cases, the 
votes of both houses shall be determined by yeas and nays ; and the 
Dames of the persons voting for and against the bill, s^all be entered 
on the journal of each house respectively. If any bill shall not be 
returned by the president, within ten days, (Sundays excepted) 
after it shall have been presented him, the same shall be a law, jn 
like manner as if iie had resigned it ; unless tty Congress, by their 
adjournment, prevent its return ; in which case, it shall not be a 
lav. 

Every order, resolution, or vote, tb which the concurrence of the 
Senate and House of Representatives may be necessary, (except on 
a question of adjournment), shall be presented to the president of. 
the United States ; and before the same shall take effect, shall be 
approved by him ; or, being disapproved by him, shall be repassed t 
by two-thirds of the Senate and House of Representatives, according, 
to the rules* and limitations prescribed in the case of a bill. \ 

$ 8. The Congress shall have power-* 

To lay and collect taxes, duties; imposts} and excises, ft> pay the 
debts and provide for the common defence and general welfare of 
the United States : But all duties, imposts, and excises* shall be 
triform, throughout the United States:  

To borrow money on the credit of the United States : 

To regulate Commerce with foreign nation^ and amoeg the seve- 
ral states; and with Ihe Indian tribes : ^ 

To establish a uniform rule of natunalization, and uniform laws oa 
the subject of bankruptcies, throughout the United States : 

To coin monfcy, regulate the value thereof and of foreign coity * 

add fix the standard of weights and measure*: 

To provide for the punishment of counterfeiting the securities 
tod current coin of the United States I .. 

To establish post offices and post roads J * 

To promote the progress of scienfe a«d the Useful artsj bysecu* 
Hog, for limited times, to authors and inventor*} the exclusive right ' 
to their respective writings and discoveries : 

To constitute tribunals inferior to the supreme cotlrt, to define 
uid punish piracies and felonies Committed oa the high seas and 
offences against the law of nations : 

To declare war* grant letters of marque and reprisal; and make 
rales concerning captures on land and water : 

To raise and support armies: But no appropriation of money to 
that use shall be fur a longer term than two years : 

To provide and maintain a najry : 

To make rules for the government and regulation df the land ' 

and naval forces: 4 

To provide for ca'.line forth the* militia to execute the laws df the 
Union, suppress insurrections, and" repel invasions. • ~ 

To provide for organizing, arming, and disciplining the iqfttia, 
and fir governing gucl\ part of them as may be employed in the 
tervice ot the United States, reserving to the states, respectively* 
the appointment of the officers, ancj^ the authority of training the 
ttiUlia, according to the discipline prescribed by Congress : n / 

To exejfeite exclusive legislation, ja all rate* whatsoever. ove£ R 

T 



Constitution of the uittTEO sf at£9. 

ct (not exceeding ten miles squire) as may, by cessii 
lar states arrd tlie acceptance of Congress, become tl 
; government of the United States, um to exercise lil 
>ver all the places purchased by the consent of the Legi 
tie stale in which the same shall be, for the erection < 
tzincs. arsenals, dock vards, and other, needful building 
make*"aU laws which shall be necessary and proper* 
itn execution the foregoing puwers, and all other powe 
this constitution in the government of the United Stall 
le partm eni or office r t here of 

e migratiflft or importation of such persons as any oft' 
existing shall think proper to admit, shall not be pr 
the Congress prior to the year 1808. Bt^t a tax or du 
posed on such importation, not exceeding ten dollars f 

rilege of the writ of habeas corpus shall not be suspend' 
n in cases of rebellion or invasion the public safety mi 

if attainder, or ex post facto law, shall be passed. 
ation, or other direct tax, shall be laid, unless in propo 
census or enumeration herein before directed to be take 
jt duty, sha]L be laid on articles exported from any stai 
■nee shall be given by any regulation of commerce or r 
he ports of oue state over those of another. Nor stu 
ud t'j^or from one state, be obliged to enter, dear, or p. 

ejrshall he drawn, from the treasury but in conseqaen 
ri^ions made by raw. And a regular statement at.d a 
le receipts and expenditures of all public money shall 
from time to time. 



consent of the Congress", accept ot any present, emol 
e, or title of any kind whatever, from any king, princ 

^ state shall enter-into, any treaty, alliance, or coated 
int letters^rf marque and reprisal ; coin money ; eir. 
lit ; make any thing bat gold and silver coin a tender 
debts; pass any bill of attainder, ex post facto law, . 
ng tlie obligation of contracts ; or grant any title of u 

sh-dl, without the consent of the congress, lay any in 
ie. on imports or exports, except what may be abs 
s.iry for executing its inspection laws. And the net pr 
duties and imposts, laid by any state on imports or c: 
be for the use of the treasury of the United States 
i laws shall be subject to the revision and control of tl: 
No state shall, without the consent of Congress, lay an 
sage, keep 'troop's or ships of war in time of peace, entt 
•eeroent or compact with another state, or .with aforeig 
ngage in war, unless actually invaded, or in such num. 
■as will not admit of delay. 

i 1. 'the executive power shall be vested in a Pre* 
United States of America. He shall hold his office dm 
i of four years, and together with the Vice-Prosidea 1 
lie same term, be elected as follows : 
e shall appoint in such manner as the legislature therec 
a number of electors, cental to tlie whole number of se 



I r 



CONSTITUTION OF THE UfrlTBD STATES. 447 

gators and representatives to which the state may be entitled in ' 

the congress ; bin no senator or representative, or person holding* 
an office of trust or profit, under the : United States, shall be appoint- 
ed an elector. • 

The electors shall meet in their respective, states, and vote by 
ballot for two persons, of whom one at least shall not be an inhabi- 
tant of the same state with, them selves. And they shall make a, 
list of all the persons voted for, and of the number of votes for each ; 
which list they shall sign,, an<F certify, and. transmit sealed, to* the 
seat of the government of the United States, directed to the presi-- 
dent of the senate. The president of the senate shall, in the pre- 
sence of the senate and house of representatives, c pen all the ccj> 
tificates, and the votes shall then be counted. The person having 
the greatest number of votes shall be the president, if such number 
be a majority of the whole number of electors appointed. And if 
there be more than one who have such majority, and have an equal 
number of votes, then the house of representatives shall immediately 
choose, by ballot, one of them for President ', and. if no person have? 
a majority, then from the five highest on the list, the said bouse 
shall, 1n like manner, choose the President. But in choosing the^ 
President, the votes shall be taken by states ; the representation • 
from each state having one vote. A quorum for this purpose shall , 
consist of u member or members from two-thirds of the states, and. 
a majority of all. the states shall be necessary to a choice. In. evV . 
cry case, after the choice of the President, the person having the. 
greatest number of votes of the electors, shall be the Vice-President.* 
Bat if there should remain two or more who have equal .votes, the. 
senate shall choose from .them, by ballot, the Vice-President, 

The Congress may determine the time of choosing the electors, * 
and the day on which they shall give their votes; wJiich day shall. \ 
be the same throughout the United States. 

No person, except a*natural born citizen, or a.fcitizen of the Uni- 
ted States at tfie time of the adoption of this constitution, shall be 
eligible to the office of President A Neither shall any person be eli*. 

fible to that office, who shall not have attained to the age of thirty*, 
ve years, and been fourteen years a resident within the United 
States. * 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and duties . 
ef the said office, the same shall devolve on the Vice-President ; 
Ami the Congress may by law provide for the case. o£ removal* \ 
death, or inability, both of the President and Vice-President, de- 
claring, what .officer shall then* act ay President, and such officer 
shall act -accordingly, until the disability be removed, or a President 
shall be elected; . ' 

The President shall, at stated times, receive for his services, a 
Compensation, which shall" neither be increased nor diminished dur- 
ing the period for which he shall have been elected, and he shall 
not receive within that perksd any other emolument from the Uni- 
ted States, or any of thenu 

Before he enter on the execution of -his office, he shall take the 
•knowing oath or affirmation : 

" I do solemnly swear (or affirm] $at I will faithfully execute the ofllce ; 
of President of the United States, angrwgi, to the best of my ability* , 
prewye, protect, andMefend the. Constitution of the United States." 

*^h> mode of election is' cJua^fd by an amendment to tj^c Coca* 



CONSTITUTION OP THE TJNITED STATE3. 

9. The President shall be commander in chief of the aim 
I navy of the Unite* States, and of the militia of the sever. 
;es, when called into the actual service of the United State 
may require the opinion in writing, of the principal officer i 
h of the executive departments, upon any subject relating I 
duties (if their respective offices : and he shall have power i 
jit reprieves and pardons for offences against the United State 
eptin cases of impeachment. 

le shall have power, by and with the advice and consent of tr 
ate, to make treaties, provided two-thirds nf the senators pr 
t concur ; and he shall nominate, and by and with the advic 
I consent of the senate, shall appoint ambassadors, -other publ 
listers and consuls, judges of tlie supreme court, and all oth< 
;ersof the United States, whose appointments are not here 
erwise provided for, and which shall be established by law. fli 
Congress may, by law, vest the appointment of such inferii 
;ers as they think proper, in the President alone, in the courts 
, or in the beads of departments. 

.'he President shall have power to fill np all vacancies that ms 
>pen during the recess of the Senate, by granting commitsitM 
ich shall expire at the end of their next session. 

3. He shall, from timeto time, give to thecongress informant 
the state of the union, and recninmead to their consideFati i 
li measures as he shall judge' necessary and expedient. He ma; 
:xtr4brdinary occasions, convene both houses, or either of then 
: in Case of disagreement between them, with respect to the tin 
ilj imminent, he may adjourn them to such time- as he shall thin 
per. He shall receive ambassadors and other public minister 
shall take care that the laws be faithfully executed, and sos 
rniissi. nail the officers of the United States. 

4. The* proficient, vice-president, an A all civil officers of t) 
iled States, shall be removed from office on Impeachment fo 
. conviction of treason, bribery, or other high crimes and misdi 

irt. iil. $ 1. The judicial power of the United States shall t 
ted in one supreme court, and in such inferior courts as the cot 
ss may, from time to time, ordain and establish. The judgt 
i of the supreme and inferior courts, shall hold their offices do 

good behaviour ; and shall, at stated limes, receive for .the 
vices a compensation, which shall not bt diminished during the 
tinuihee in office. 

2. The judicial power shalfr- extend to all cases in law u 
ity, arising under this constitution, the laws of the United State 
1 treatit;s*made, or which shall be. made, under their authority 
ill cases affecting ambassadors, other public ministers and cm 
i I to all cases <'f admiralty and maritime jurisdiction ; fo cot 
'ersies to wuich the United States shall be a party ; to eanirt 
Ms between two or more states, between a state and citizen! i 
ther state, between citizens of different states, between citiser 
he same 'state claiming lauds under grants of the different state 

between a state, or the citizens thereof, and foreign states, cit: 
s or subjects. 

n all cases affecting ambassadors, other public ministers ant 
suls. And those in whictra state shall bo party, the suprem 
rt shall have original jurisdiction. In all the other cases be ion 
itioned, the supreme court shall have appellate jurisdiction, botl 
o law and fact, with such exceptions, and under aiich regolauo^ 
he congress shall make, " T "  



s 



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«• 



•ONSnTtJTION OF TOE UNITED STATES. $4ft 

trial of all crimes, except in cases of impeachment, shall be 
by jury : and such trial shall be held in the state where the said 
crimes shall have been committed ; but when Hot committed within 
any -state, the trial shall be at such place or places as the congress 
may by law have directed. * 

§ 3. V reason against the United States shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them 
aid and comfort. No .person shall be convicted of treason, unless on 
the testimony of two witnesses to the same overt act, or on confes- 
sion in open court. 

Xhe congrt ss shall have power to declare the punishment of trea- 
bm, but no attainder of treason shall work, corruption of blood, 
or forfeiture, except during the life of the person attainted. > 

* Art IV. § 1. Full faith and credit shall be given in eacn state 
to the pablic acts, records, and judicial proceedings of every other 
state. And the congress may, by general laws, prescribe the man- 
ner in Which such acts, records, and proceedings shall be proved, 
and the e.flct thereof. 

$ 2. The citizens of each state shall be entitled to all privileges t 
and. immunities of citizens of the several states. 

A person charged in any state with treas.ni, felony, or other 
crime, who shall nee from justice, and be found in another state, 
shall, on demand of the executive authority of the state from which 
he fled, be delivered up, to be removed to the state having jurisdic- 
tion of the crime." '  * . 

Mo person held to service or labor in one state, under the laws 
thereof, escaping into another, shall in consequence of any law or 
regulation therein, be discharged from such service or labour, but 
shall be delivered up lA-ckiim of tile party to whom such service or 
labor may be due. 

$ g. New states may be admitted by the congress into this union. 
Hut no new state shall be formed or erected within the jurisdiction 
of any other state, nor any state be formed by the junction of two or 
more States or par's of states, without the consent of the legislatures 
of the states concerned, as well as of the congress. 

Xhe Congress shall have power to dispose of, and make all need- 
ful rules and regulations respecting the territory, or other pro- 
perty belonging to the United States. And nothing in this constitu- 
tion shall be so construed as to prejudice any claims of the United • 
States, or of any particular state. 

$ 4. The United States shall guarantee to every state in this 
union, a republican form of government, and shall protect each of 
them against invasion ; and, on application of the legislature, or of 
the executive (when the legislature caunot be convened) against do- 
mestic violence. 

Art. V. The congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this constitution, x 

or, on the application of the legislatures of two- thirds of the seve- 
ral states, shall call a convention for proposing amendments, which 
in either case," shall be valid to all intents and purposes, as part of 
this constitution, when ratified by the legislatures of three-fourths 
of the several states, or by conventions of three- fourths thereof, 
as the one or the other mode of ratification may be proposed by the 
congress. Provided, that no amendment, which may be made prior 
to the year one thousand eight hundred and eight, shall in any man* 
aer affect the first and fourth clauses in the ninth section of the 
first article ; and that no state, without its consent, shall be depri- 
ved of iu e^ual $um>ge in die Senate. " . ' 



f£Q CONSTITUTION OP THE UNITED STATES- 

Art. VI. All debts contracted, and engagements entered into, fete 
fore the adoption of this constitution, shall be as valid against tha 
United States under this constitution, as under the confederation. 

This constitution, and the laws of the United States which &hatt 
be made in pursuance thereof, and all treaties made, or which, 
shall be made under the authority of the United States, shall be 
the supreme law of the land 5 and the judges in every slate shall 
be bound thereby ; any thing in the constitution or laws of any 
atate to the" contrary notwithstanding. 

The senators and representatives hefore mentioned, and the. 
• members of the several state legislatures, and all executive and ju- 
dicial officers, both of the United States and of the* several states, 
shall be bound by oath of affirmation, to support this constitution. 
But no religions test sha) Lever be required as a qualification to any 
office or publi c trust under the United States. 

Art. VII. The ratification of the conventions of nine states, shall 
be sufficient for the establishment of this constitution between the. 
atates, s^ ratifying the same, ' ' 

Art. %. * Congress shall make no law respecting an 'establish- 
ment ({ religion, or prohibiting the free exercise thereof; or. 
abridging the freedom of speech or of the press ; or die right of the. 
people peaceably to assemble, and to petition the government for a. 
' redress of grievances, * 

Art. i\. A well regulated militia being necessary to the security 
, of a free state, the right of the people to k,eep and bear arms shall 
not be infringed. y 

Art. in, Iko soldier shall in time of peace be quartered in any 
Jiouse, without the consent of the owner ;^or in time of war, but, 
'in a manner to be prescribed by law. 

. Art. iv. f The right of tb$ people, to be secure in their. Jaersons, 
houses, papers, and effects, against unreasonable searches and sei- 
zures, shall not be violated- And no warant shall issue* but up.a, 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things td, 
4>e seized, . 

Art, v,^ No persoa shall be held to answer for a capital or otb-. 
• jtrwise infamous crime, on a presentment or indictment of a grand 

jurv^except in c^ses arising in the land or naval forces, or in the 
militia when in actual service in time of war or public daiifter; nor 
shall any person^be subject for the same offence to be twice put in. 
jeopardy of life or limb ; nor shall be compelled, in any criminal, 
case, to be witness against himself, nor be deprived of life, liberty, 
or prop ny, wkhout due process of law ; nor shall private Drperty. 
be taken for public use without just compensation. 

Art. vi. In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impartial jury of the 
*tate and district w herein the crime shall have been committed, 
which district shall have been previously ascertained by law, and, 
to be informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have compulsory process 
for obtaining witnesses in his favour, and to have the assistance of, 
counsel for his defence. 

Art. vn. In suits at common law, where the value la controversy 
shall exceed twenty dollars, the right of trial by jury shall be pre- 
served ; and no fact; tried by a jury, shall be otherwise re-exanu> 
cd in any court of tfce. .Uuited States, than according to the ruleaJ* 
the coalman law. "' 



4 



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J 



CONSTITUTION OP THE UtfiTED STATES. i$t 

Art. vm. Excessive bail shall not be required, nor.excessive fines • 
imposed, nor cruel and unusual punishments inflicted. 

Art. ix. The enumeration in the constitution, of certain rights, 
shall not be construed to deny or disparage others retained by the 
people. 

Art. x. The powers not delegated to the United States by the 
constitution, nor prohibited by it to the states, are reserved to the 
! states respectively, or to the people. 

Art. xi. The judicial power of the United States shall notj 
be construed to extend to any .suit in law or equity, commen- 
ced or prosecuted against one of the United States by citizens of 
another state, or by citizens or subjects of any foreign state* 

ADDlTlOlCAi JLXEKDMXSTT*. 

1- The electors shall meet in their respective states, and vote by 
ballot for president and vice-president, one of whom atMeast, shall 
tibt be an inhabitant of the same state with themselves. They shall 
name in their ballots the person voted for as vice-president ; and inj 
distinct ballots, the person voted for as president ; and they shall 
make distinct lists af all persons voted for as president and of all ' 

persons Voted for as vice-president,and the number of votes for each ; " 
which lists they shall sign and certify and transmit sealed to tha 
seat of the government of the United States, directed to the presi- 
dent of the Senate. The president of the Senate shall, in the pre- 
sence of the* Senate and House of Representatives, open all the 
certificates ; and the votes shall then be counted. The person hav- 
ing the greatest number of votes for president shall be the president, 
if such number be a majority of the whole number of electors ap- 
pointed*. And if no person have such majority, then from- the per- 
sons having the highest numbers, not exceeding three, on tjlfc fist 
of those voted for as president, the House of Representatives shall 
choose immediately, by ballot, the president. But in choosing the 
president, the votes shall be taken by states ; the represi nutiou 
fcom each state having one vote. A quorum for this purpose shall < 

consist of a member or members from two thirds of the states, and 
a majority of all the states shall be necessary to a choice. And if 
tie House of Representatives shall not choose a president whenever 
the right of choice shall devolve upon them, before the fourth day * 

of MarAt next following, then the vice-president shall act as presi- 
dent, as in the case of the death or other constitutional disability of 
tike president. 

The person having thttgreatest number of votes as vice-president, 
dull be the vice-president, if such number be a majority of the 
whole number of electors appointed. And if no person have a ma- 
jority, then frbm the two highest numbers on the list, the Senata 
stall ohoose 1 the vice-president. A quorum for- the purpise, shall 
consist of two-thirds of the whole number of senators ; and a ma- 
jority of the whole number shall be necessary to a choice. 

Bur no person, constitutionally ineligible to the office of President, ' 
lhall be eligible to that of vice president of the'United States. 

2. If any citizen of the United States shall accept, claim , receive, 
. or retain, any title of nobility or honour, or shall, without the con- 
tent of Congress, accept and retain any present, pension, office, or ' 
emolument, of any kind whatever, from any emperor, king, prince, 
or foreign power, such person shall cease to be a citizen of the 
United States, and shall be incapable of holding any office of trust f 

or profit under them, or either of them. r 

i - # 

r 
11 - / 



* 



1&& . fcdltdNERS: 



60NTINGENT FtJXXX 

• See Salaries 2, 



CONTINUANCE. 

1799. C. 4.-. 

t. § '5. Whenever it shall be the opinion of the court 

Costa that the party praying a (continuance shall not obtain it 

when to be without payment ui all costs attending the same, the whole « 

pa d for of these costs shall be paid before the continuance is grant* 

conUnu- ec ] t and the party paying such costs shall not be enSIled 

to recorer them, although the judgment of the court should 

finally be in his iavour. 

1785. fc.i 

II. § 3. It shall not be lawful lor any court to grant 

tn^ho^ 1 " 3 cont,nUance of any cause therein depending but by 

totrfob. consent of both parties, or on cause shown by affidavit 

UinecU filed, which cause shall be held sufficient in law for the 

said continuance. 

See Abatement 8. Practice is. 

CONVEYANCES OF LANDS AND CHATTELS. 
See Deeds. Slaves 44, 50, 51, 52, 8J. Grants 3, 4. JViorteaires 1* Paft. 



UUoa U Tate* 6U, 61, 62, 63. 



COOPKUS. 
See -Inspectors 19. 



CORONERS; 

1771. C 8. 

t. $ 4. £very~county court in this state shall and 
they are hereby empowered to appoint two or more corn* 
Appointee 1 , ners within their county, if they shall be of opinion that 
m6re than one will be necessary* « 

1779. C.5. 

II. $2. In case at any time there shall be no person 
properly qualified to act as sheriff in any county of thi9 

actasdie- state ' l ^ cn lt s ^ a '* ano * ma y ^ c * aw fiil *° r the coroner of 
tiff*. the said county, and he is hereby required to execute all 

process/civil or criminal, lawfully issuing, or judgments, 
orders; or sentences, of any courts within the same, until 
some person shall be appointed, property qualified as 
aforesaid, to act as sheriff in said county : and such, co- . 
roner shall be tinder the same rules and regulations, and 
Subject to the same fines and forfeitures as the sheriffs 
are by law for neglect or disobedience of the duties afore' 
said. 

See Burials 1. Claims 5. Conficat'.ons il. Constables 10. Execution 
% 3,4. Fees 6, 19. Members oi Assembly 26. Sheriffs 1,9» Slaves £$• 
 ^Witnesses 6, . 



V 

I 






•*••%• ^ - , . 






C^GWWU- /ti. iris- 



^3-H &-t/*~ t&tAsVh^y^iJt^t ' sT****- ******** 



/fi)£-Ct % J Ct~*C3. 



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fay- ^ Y ^* 4 ^si4 a: <*& 





■w 



I 



CDUNtERFEITlNa 1^3 



CORPORATIONS. ~* 

SteDeedsll. t 

COSTS, 

• * r ' - 1715. C, 27. 

• t I. ^ 8* Itf all actions upon the case for slanderous 
Words, to be sued or prosecuted by any person in the n " Uk**** 
general or precinct courts, of this government after the costs than 
ratification of this act, if the jury upon the trial of the dsmigce 
issue in such action, or the jury that shall enquire of the upoa * 
damages do find or. assess the damages under forty shil- 
lings, th<n the plaintiff or plaintiffs in such jfttion shall 
have and recover only so mucl) costs as damages so given 
or assessed shall amount unto, without any further in* 
crease of the same* 

• irrr. c. 3. 

• '* .  * * 

' i II. '$ 99. In all actions whatsoever, the party in _. " 

whose favor judgment shall be given, or in case of a noo- be allowed 

suit, dismission or discontinuance, the defendant shall be the pre* 

entitled to full costs, unless where it is 01^ may be other- ***«»B 

wise directed by statute. party " 

• see Abatement 1^ , Accidents. 3. Appeals, 5. Gbntinuanee, 1 Fees* 
1, 5. GuardiaAnd Ward, 7. ft Hides, 'Skirts, and Furs, 2. Indictment 
[ 8, 10, 11. Inspections, 1. Practice 11, 21, 29. Ptoojbs, 14. Slares,. 
2& Superior Courts, 9. Tajes, 3„ United States, 1. Vagrants, 1 
Witnesses T> 11, 12, 13, 14, 15, 16, 17, 19,20, 21. . 

council of gf Ate. 

I860. C. 18. 

* *  * 

IV. Every councHlof of state shall receive the sam 
of 30 shillings per day for every day he may attend on . ^ei* 

(lublic business , and 30 shillings for every thirty miles Compens** 
ravelling to and from the city of Raleigh ^n public busi- tion, 
pess as aforesaid, any law to the contrary notwithstand- 
ing. 

SecGoreroor^, 4> 7,9. Members of Assembly 11, 12, 29, 37. Oyer 
and Terminer, L Poor, 5. Salaries, 1. Sheriff, 4. 

COUNTERFEITING. 

j 1^82. C 15, 

I. § 3. If any person shall erase^ alter of counter- 
feit any note or notes of the bank of If orth- America, he 
shall fce deemed guilty of felony, without the benefit of for ^^ 
clergy : And if any president, inspector, director, officer terfeitfog 
or servant of the said bank shall convert any of the pro* bank notes 
pcrty, money or credit of the said bank to his own Use or 
I in any other way be guilty of fraud or embezzlement as 

V 



154* COUNTERFEITING. 

"~ ah officer or servant of the bank, he shall be deemed guilty 
of felony, without the benefit of clergy. 

1784. C.25. 

II. § 2. If feny person or persons shall be a second 
Penalty time convicted of uttering or passing m manner aforesaid 

2d Time * an >' sucn "counterfeit bills of credit, lottery tickets of loan 
convicted office certificates, he or they on such conviction shall suf- 
fer death without benefit of clergy. 

III. $ 3. Whoever shall, by printing, writing, cn- 
.' graving, or by any other #ays or means, counterfeit any 

Forcoim- Q £ t ^ e comptroller's, auditors, commissioner's, colonel's, 
certifi- or any other certificates issued by public authority, or any 
cotes* part, word, or letter of "the same, with an intention to 
• defraud or deceive, or shall alter or deface any such cer- 

tificates With an intention to change the value or denoxrii- , 
nation thereof, or shall knowingly pass* or offer to pass, or 
present as a voucher, any counterfeit likeness of such cer- 
tificates being thereof lawfully convicted, shall suffer the 
same pains and penalties as are by law inflicted on persons 
convicted of counterfeiting the bills of credit of this state* 

1311. C, i. 

IV. § 8. If any person ahall falselyfmake, forge or 
counterfeit, or cause or procure to be falsely made, forged 
or counterfeited, or willingly aid or assist in falsely mak- 
ing, forging, or counterfeiting, any bill or note, in icnita- 

- tipn of, or purporting to be a bill or note issued by order 

terfeiting °f tne president and directors of the state bank of North- 
•tat* bank Carolina, or any order or checfc qn the said bank or cor-* 
* ott9, . porati6n, or any cashier thereof, or shall falsely alter, or 
cause or procure to be falsely altered, or willingly aid or 
assist in falsely altering any bill of note issued by oroer 
of the president and directors of the state bank of North- 
Carolinff, or any order or check oh the 6aid bank or cor- 
poration, or any cashiejgthereof ; or shall pass, utter, Or 
publish, or attempt to p*ss, utter, or publish, as true, any 
tossing false, forged, or counterfeited bill or note, purporting t<* 
JJJE** be a bill or note issued by order of the president and di- 
* ' rectors of the state bank of North^Caroliua, or a$y false, 
forged, or counterfeited order or check upon the said 
bank or corporation or any cashier thereof* knowing Ae 
same to be falsely forged or counterfeited ; or shall pass, 
utter, or publish, or attempt to pass, utter r or publish, as 
true, any falsely altered bill or note, issued by order of 
the president and directors of the state bank of Nortb- 
* Carolina, or any falsely altered order qt check on the 
ttatebanlt or corporation, or ainy cashier thereof, knowing 



.J 




1 



L 



COtTNTOUJOTTCO, 199 

the same to be falsely altered with intention to defraud 
the said corporation or any other bpdy politic or person, 
every such person shall be deemed and adjudged guilty 
of felony \ and being thereof convicted by due course 
of law, shall be sentenced to be imprisoned' and kept to 
bard labor for a period not less thap three years, nor more 
than ten years ; or shall be imprisoned not exceeding ten 
Tears, and fined not exceeding five thousand dollars , and 
the operation of this section shall b$ without limitation . 
Of time, < 

CXI. 

V. $ £• If any person shall knowingly and de- •> 
signedly, by means of any forged or counterfeit paper in 
writing or in print, or by any false token or other false obtaining 
pretence or pretences whatsoever, obtain from any person money,&c 
or persons or corporation within this strfte, any money, £j ^sand 
goods, property, or other thing of value, orany bank note, foi ge pr ^ 
check, or order for the payment of •money issued by ortcwe?. 
drawn on any bank or other society or corporation within 
this state, or any of the United States \ or any treasury 
warrant, debenture, certificate o( stock, or other p\j$ic 
security i or any order, bill of exchange^ bopd, prortrt^. 
sory note, or other obligation, either for the payment of' 
money, or for the delivery of specific articles, with intettf 
to cheat or defraud any person or persons or corporation s 
of the same, shall be held and deemed guilty of fraud and 
deceit, and being thereof legally convicted in any court 
of competent jurisdiction, such offender or offenders shall, 
be punished by fine and imprisonment not exceeding 
twelve months, putting in the pillory, public whipping, 
nu exceeding thirty-nine lashes on his or her bare back, 
all or any of them at the discretion of the court, due re- 
gard bein^ had to the nature and circumstances o{ the of*, 
fence. ' . ~ § ^ 

VI. § 3. % If any persop or persons shall make or 
cause to be made, any counterfeit similitude or likeness of Colter*. 
a Spanish milled dollar, English guinea, or jjqy foreign feitin^ fou 
coin of gold or sitae^ which is in common Use and receiv- rei ? n c ° m K 
ed in the discharge of contracts by the citizens of tbisj£ P a88iD *l 
state, or shall utter or p?ss the same, knowing it to be * 

counterfeit, and shall be legally convicted of either of the 
said offences in any superior court of law of this state, 
the person or persons so found guilty shall on the first 
conviction receive thirty-nine lashes on his or her bare 
back, and on the second conviction of the above describ- 
ed offences, or either of them, shall receive thirty-ai©© . 



m 



C0TOTT COCftTS.' 



lashes on his or her bare back, and be imprisoned for a 
length of tim6 not exceeding twelve montlis, and b& 
branded on the right cheek with the letter C. 

VII. £4. If any person' or persons shall have iu his 
For hav- or their possession any instrument or instruments for the 
SrtuftT purpose of making any counterfeit similitude or likeness 
Counter- of a Spanish milled dollar, English guinea or other foreign 
fating. coin, snade of gold or silver, which is in common use 
and received in discharge of contracts by the citizens of 
this state, and shall be duly convicted thereof in any su- 
perior court of law of this state, the person or persons so 
offending shall, receive thirty-nine lashes on his or their 
bare back, and be further liable to be fineel at the discre- 
tion of the court in the sum of five hundred dollars, and 
J>e imprisoned not more than twelve months* 

 - > See Tobacco 6. 

, COUNTY COURTS. 

1777. C 3. 

I., § £8* If the business of any of the said courts tan* 

^ . not .&& determined on the diy otthe term, the justices may 

Jottm'frem a 4J^ Urn ft" om day to day, not exceeding six days, at the* 

<Uy to day. end of which *ime the causes and matters which may be* 

4 •. depending before them, and not then finally determined, 

shall be continued to the next succeeding term. 

II. § 61. The justices of the said county courts of 
pleas and quarter sessions, or any three bf them, shall 

Jurisdic-a^d may take cognizance of, and are hereby declared to 
tiori. have full power and authority and jurisdiction to hear, 

try, and determine all causes whatsoever at the common 
law, within their respective counties (perjury and such 
felony andt criminal causes where the judgment upon con" 
viction shall be for the loss of life, limb, or member, 
See par. excepted) and ^Jfce\it Weenies, assaults, batteries, and 
*v trespasses, breaches of tfte^peSce, and other misdemean- 

ors of what kind soever, of an inferior nature, and "all 
actions of detinue, trover, and on penaFstatutes, suits for 
filial portions, legacies, and distributive shares df intes* 
sates 9 estates, and other matteVs relating thereto. ' 

III. § 91. All writs and other process, and all suits 
th^u* ** an( * P roc eedings whatsoever, issued, granted,, or prosecu* 
Courts may tcc * * n an y °f t " e sa ^ * atc cour *s, wherein judgment hath 
(e proceed been entered or decree niade, shall and maybe taken cog*' 
*&™ by nizance of by the 'courts of the respective counties by this 
***** act established ; and such courts may respectively award 

execution, or other necessary process, on such judgment 



« t 



^* ic^ 4"* * -7^ 






e*** 



%& /men 



(Uttc&i c/tfa***- cAeMxw 



totr* 



I COUNT? COURTS. ^ ' lf% 

I or decree, and proceed in the same manner. as if such 
I suits had been originally conuaenced in the county courts 
by this act established. * * ^ 

IV. Anson court is hfld 2d Monday to January, 
April, July, October* < 

Ashe, on the. Monday following the court of Wilkes. 

Beaufort, 4th Monday March, June, September, De- 
cember. 

Bertie, 2d Monday February, May, August, Novem- 
ber. 

Brunswick, 1st Monday February, May, August, No* 
temftvr. 

Bladen, 1st Monday March, June, September, Decern* 
ber. • • 

Buncombe, 1st Monday January and July, and 1st 
Monday after the 4th Monday in March and September. 

Burke, 1st Monday after the 4th Monday January, * 
April, July, October. 

Cabarrus, 3d Monday January, April, July, October. 

Craven, ttd Monday March, June, September, L ecem- 
ber. 

Columbus, 2d Monday February, May, August, No- 
rember. 

Carteret, 3d Monday February, May, August, Novem- 
ber. 

Chowan, 2d Monday March, June, September, De- 
cember. 

Cumberland, 1st Monday March, June, September, 
December. 

Currituck^' last Monday February, May, August, No- 
vember. 

Camdfcn, 1st Monday February, May, August, No* 
Vember. * 

Caswell, 2d Monday January, April, July, October. 

Chatham, ad Monday February, May, August, No- 
vterobcr* • 

Duplin, 3d Monday January, April, July, October. 

Edgecombe, 4th M o nd a v 'February, May, August, No- 
vember, f 

• Franklin, 2d Monday March, June, September, Dec. 

Green, 2d Monday February, May, August, Nov. 

Guilford, f d Monday February, May, August, Nov. 

Gates, 3d Monday February, May, August, Nov. 

Granville, 1st Monday February, May, August, ,.$?©/, 
tcmber. 



|go . . COtJJTTY COURTS. 

Halifax, 3d Monday February, May, August, Nor, 
Haywood, 3d Monday Match, June, September, De« 

cember, • ' • 

Hertford, 4th Monday February, May, August, No» 

vember, ' 

Hyde, last Monday February, May* August, Nov. 

Johnston, 4th Monday February, May, August, No* 

vember, 

Jones, 2d Monday February, May, Augttsl and No- 
vember ^ 

Iredell, 4th Monday March, June, September, De« 

cember. 

Lincoln, 3d Monday January, April, July, October- 
Lenoir, 1st Monday January, April, July, October. 
Martin, 3d Monday March, June, Sept. December. 
Mecklenburg, 4th Monday February^ May, August, 

5fbvember- - 

Montgomery, 1st Monday January, April, July, Oct. 
Moore, Sd Monday February and August, and in May 

and November, on the Wednesday «f $ach Superior 

Court term. .,■»''• u 

•Northampton, 1st Monday March, June, September^ 

December. 

Nash, 2d Monday February, May, August, Nov. 
New Hanover, 2d Monday February, May, Augus^ 

November. • 

Onslow, 2d Monday January, April, July, October. 
Orange, 4th, Monday February, May, August, No- 
vember. m . , 
Pasquotank, 2d Monday February, May, August an* 

November. xr 

Perquimons, 2d Monday February, May, Aug*t, No- 
vember. _ T . 

Pitt, 1st Monday February, May, August, Nwember. 

Person, 2d Monday February and August, and »e 
Wednesday after the *d Monday in May and November* 

Robeson, 4th Monday February, May, August and 

November. * 

Rowan, 3d Monday F^bruafy, May, August, Nov. * 
Rujtherford, 2d Monday January and July, and the 3d 
Monday after the 4th Monday in March and September, 
Randolph, 2d Monday May, August, November, Feb. 
Richmond, 3d Monday March, June, September, De- 
cember. A 
Rockingham, last Monday February, May, Avgujt, 

November. 



PHMOTOTPiPMiaP«l^«lOT«i 



"r» 



COUNTY COURTS. ± J Q 

Surry, 2d Monday February, May, August November. 

Stokes, 2d Monday Match, June, September, Dec. 

Sampson, 3d Monday February, May, August No- 
vember. 

Tyrrcl, 2d Monday January, April, July, October. 

Warren, 4th Monday May, August, November, Feb- 
ruary. * j 

Wake, 3d Monday February, May, August, November. 

Washington, 3d Monday jVlarch, June, September, 
December. , 

Wayne, 3d Monday February May, August, Nov. 

Wilkes, the Monday following 4th Monday January, 
April, July and October. ' 

1804. C.8. j 

V. § 1. If any person, under any pretence whatever * _ 
; shall bring a suit in any of the courts of this state, for to b e bro't 
 any sum under thirty pounds, which is cognizable before in courifo* 

asingle justice, unless the principal and interest shall ex- 1®* 8 tl,a " 
teed the sum of thirty pounds^ that this act may be plead poua 
in abatement thereof. 

1808 C. 24. 

VI. $ 1.. The several county- courts of pleas and 
quartet sessions within . this state shall annually, at the 
same court at which the county taxes are laid, lay such a ddiUon4 
farther tax on the polls and other subjects of taxation, taxes.; 
as shall, in the opinion of the court be sufficient to pay off 
the expences to be incurred for the guarding the prison 
in said county, and of removing persons to other counties, 
which shall be collected in like manner as other county 
taxes and paid to the trustee* 

VII. $ 2. Hereafter all claims for guarding of pri- 
sons and conveying of persons, shall be allowed by the 
court of the county in which such prison f is situated, or 
from which any person is removed, ftnd Jpaid off by the 
county trustee out of the monies levied for such purpose, 
any law to the contrary notwithstanding./ 

1309. C. 19. ( 

VIII. $ 1, Should it at any time / hereafter so hap- . .~^ 
pen that any of the oftcers above named, (viz. sheriffs^ 
derfo^ entry-taii r$ and registers) shall be, permitted to 
officiate as. such, and to discharge any of the duties of 
their respective appointments without having first qualified ' 
and given bond with security for the due and faithful 
performance of them as is required by law, thp justices 
of the^pcace who sat on the bench or were in court at the 
time of the appointment of the officer or officers so ofli* 



i 

i 



'» .» 



I6d courttY court*, 

elating as aforesaid in virtue and under color of his ap- 
pointment, but without qualifying 6t giving bond, shall be 
considered bound to all intents and purposes, and they, 
and every of them are hereby declared to he bound as 
the securities of the sheriff or other officer or officers thus 
acting or availing himself of such his appointment with* 
out having first given bond fos the faithful performance 
of his duty in office, in, the same degree and in the same 
manner as though they had been formally bound by enter- 
ing into and executing bonds With and as the securities of 
such officers ; and they shall and may fee proceeded against 
as is already provided by the act first above referred to 

(1763, o 16). . . 

18t0. 10. 

IX- § 2* In all cases where certioraries are directed 
to the coun/y courts, the clerk of the court is nereby re- 
quired to take security, irt the same man«er, v and undcf 
the same regulations, that security is taken on appeals 
from the county jto the sru^erior courtt 

1815. C. 11. 

X. $ t. Whenever any penalty or forfeiture 
created by any act of the .congress of the United States, 
hath been or shall hereafter be incurred by anf person 
within this state, and by such act of congress, cognizance 
qf such penalty or forfeiture, hath been or shall be giveii 
to the courts of record of the several states, then and in 
every such case the courts of law of this state are hereby 
declared to have and shall hereafter have jurisdiction of the 
same, and full power and authority to try and give judg- 
ment in all proper actions for the same, in the same man- 
ner as if such penalty' or forfeiture had been created by 
an act of the general Assembly of this state.* 

XI. § 2. This act shall be in full force and virtue Af- 
ter the passage thereof. 

1816. C.3. 

XII. § 1. In future in the appointment of any sheri(T,co- 
•f ' Ju^es roner » c °unty trustee, clerk of the county court, register 

-necessary, and county attorney, .there shall bef present a majority of 
the acting justices of the peace of the county, and no 
person shall be deemed to be <Iuly elected without receiv- 
ing a majority of the votes of the justices present. 

XIII. $ 2. In the appointment of any rangrr, con* 
^justices stable, or other county officer, not named in the firsit sec- 
Accessary, tion of this act, there shall be present'at least seven justi- 
ces of the peace of the county, and ho person shall be 
deemed duly elected without receiving a majority of the 



COUNTY TRUSTEE. l6jfe 

justices present : Provided, that nothing in the first sec- \ 

tion of this act, shall extend to the counties of Surry, \ 

Stokes* Granville, and Burke. 

See Apprentices l, 3- Attornica 1. 4. .Bridge 1, 2. Cattle, Hqrsef, 
and Hogs, 5, 6, 23. Claims 4, 5. Collectors of Arrears 5, 8. Com- 
mitment, 1. Confiscation 11, 14. Constables 1, 6, 7, 11,13 * Oontin-^ 
usncel, 2- Coroners, 1.- .County Trustee I, 2,4, 5. Deeds, 7 De- 
sositiofis 1, X D.*coatint*nce 1, 3 $ntrie* 8, 9, 12, 15, 16, 24, 28, 
29,42,43,54. EptrT-Takers 5, 8, 13. Escape. 1. Execution, 1. Fain 
1, 2. Ftea, 2. Feme Covert 1, 2. Fencea.4, 5. Femes 2, 3, 4, 5, 6. 
Fish 1, 2, 3. Foreigners 1. Gaming 3. Grants 2, 3, 5, 6 GuaraiaH 
and Ward 3* 4> 8, 9, U» 14* 16, 17. (torts, 1 . Iiisotreot Debtor, 3. 
InspectiQns 1, 2, 4» 21, 26, 27. Iron Works 1, 2, 3. . Jury, 2, 4, 7, 11» , 
12.17,22,24. Justices 15, 2£ 26' Landings, 1. Lands 7, 14, 15, 16. 
Uw Books, 1. Marriages, 6. Members of Assembly 17, 23, 34. Mills 
M,5. Money, 1. Jfaipea, 1; Ordinaries 3,5. Orphans 1, 2,3, 4. 
Oreneera of Koads, 1,4,9. Partitions, J. Patrols, 6. Physic, t jPoor 
13, 17,27, 28. Powers' of Attorney 1, 2,3. Prisoners, Prions and 
Stocks 1, 2, 8, 9, 10, 11, 17. Process 19 ProcesJioner* 3, 4, 5, 6, t P 
11,13. Quakers 2 Recognisances and Fine* 3. Risers and Creetts 
4 Roads 1. . Seals 2. Befrants 1, 2, 3,4, 5, 6, 7, 8» 9, 10, 11* 12, 
13, 14, 16, 17, 20, 21. Sheriffs 2,3, 6, 8, 11$ 13. 81a? ; es l fc 7, 8, U, 
21, 27, 28, 38, 53, 61, 62, 64, 68, 70, 73, 75.. Jtrivs 1, 6,' 7, It Supe- 
rior Court 30. Sureties 1. Taxes 3, 5, 6, 11, 13,'l4, 15 3$i 38, 51.94. 
Taxes for Count v Uses 2, 4, 5, 7,*9. Tune?. Tobacco i, 2, 4>10» 
U, 12, 13, 14, 15.. Vagrants 1, 2. Vice and Immorality 9. View 1, 
United States Ways 2, Weights and Measures 6. Widows I, 2, 3^ 
9. Willi 1, 10. 



/» 



;' 



COUNTY TRUSTEE. 

• < • . • *« i . > J177. C.36. ;..•• i • -f ;r 

. I. ,§3, Thejfttfces of the several county courts | a A(mointcl 

$iis state, shall, . during, the sitting of their, respect** 

ire courts to be held next after the first day of July; 

yearly and evelry year, appoint one good and proper per* 

soft tb act as a trustee for oqe year, for the purposes 

Herein mentiotied, which appoiritntent shall b£ entered 

9* the records of the said court* and the person so apr 

painted, after giving bond and sufficent security for thfc 

grithful discharge of his duty, agreeably to the direction^ 

of .this act and the orders of the court, i* hereby directed Powers: 

and shall have full power and authority to sue for, recoyer 

and receive from the late sheiiff of the county, and from 

sfl other persons, all monies which may be m their hands 

due and payable to and'for the use Gf such County, and 

•hall aha receive from the collectors all such sums of 

*on*y as they shall be liable for in virtue of this act; 

irhkh monies the trustees respectively shall apply as the 

toooty court may direct, and to no other use or purposti 

whatsoever* 

H. %A. In case of the death, disqualification, neglect 
or refusal to act of any of the trustees by this act to an-" TactfT- 



tf* 



€OttNTY TRUSTEE : 



pointed, the court of the county where such death, disqua- 
lification, neglect or refusal shall happen, may proceed to 
*iippoTnt One othef good and proper person* to fill up such 
vacancy until the next annual appointment/utider the ruled 
*5md regulations before described : and such trustee, da* 
ring his continuance in that appointment sTiall have tfre 
same powers and authorities which by this act are given 
to other county trustees ; and the county courts in this 
st-at c are hefeby respectively inivested Vrith fall* power to 
direct the application of all monies arising by virtue of 
this act, to and fcwf the poo-poses herein mentioned, and ttf 
«ny other good and hecesaty purposes, fot the use of the 
, , county, and may also allo>v the county trustee a reasonable 
salary out oi the same for his services. 
^ j III- $ 5. In tjrse any justice bf the peace or trustee 

fcf duty. eC ^ ail >" fc ^ unt y. " : ^is state shall neglect or refuse to do and 
perform the several and respective duties by this act re- 
quired, of dny of them, he shall forfeit and pay for every 

4SL scaled P c gJ*ct otrefdsal'the sum of five pounds,* ttf be recovered 
by actipp of debt in the name of .the governor or cora- 
n&atuitr «h» chief for the time being, to a'rtd for the use of 
the county where the offence Was committed* 



* ' 1792-. C. 3. 



Settle- ^ 9 § *•' At the first court in each county in this state 
ftentw.tb after the first day of June in every year, the county trus^ 
<toirt. tees shall make settlements Vfith the court, in whidf 
.they shall reader Ian account of their?eceipts and expen- 
ditures under the penalty of two hundred pounds, to hi 
fecdvercd by action oi d«-bt*' • » . 
. . . • . tm: 6>tf.  -, . . - 

9 V. $2. The county trustee shall only settle with tfctf 
«h?riff x>r xfrllector of public taxes according to number* 
^beginning at the lowest number, (fee Taxes for County 
U&es VII), and .whet* $ht re is ho trustee in the county, 
the county court may ai*d shftll proceed to settle witfc 
their sheriff or collector of public .taxes in like manner* 

179$ C.42. 

Jo°n£foT. * L $.** the trusts iii.wh county m this state 
strays. ghall collect from those who haVe or may enter e strays is* 
.their counties respectively, all &fns that are or may ber 
due for any , stray or strays entered under the same rnh§ 
as they are to collect auiy other monies to them .*> be 
paid; and on, all such collections they shall be entitled 
to retain s*ix per cent, and if any perspn who has or way 
^nter strays, shalfrfail to account forthe monies aforesaid, 
it shall be the duty of »b$ county trustee to commence 
- Unit for the same* , .•  



f * * 



i 



I 



I 



pMMINAUt. j6$ 

1808. C 21. 

^Ut $ 1* The county trqstee shall annually cs|ll on To cat! on 
fte sheriffs of their respective counties, for the payment^ ?^« iffil - 
of all monies that may be in their hands <}ue the trus? 
tecs; an4 if any sheriff shajl fyil to account for and pay m 
tie same, then it shall be the duty qf the said trustees, at 
the first court hel4 for tjjeir respective countie? ^ftcr the 
first day of February in each ^nd eve,ry year, to move foe 
judgment against such sheriff failing, to settle 4s above, 
specified, ten days notice bejng previously given, and the 
court shall thereupon atyard immediate execution for the 
full amount "of the tax list furnished said, sheriff, or for, 
such part as st\all appear to he di\e ; qpd.any sheriff against 
whom judgment is 90 obtained', ^halj, pver and. above 
kis arrearages, forfeit and pay the s.um of fifty pounds, to 
fce applied to (he use qf the county ; and if any trustee 
shall fail to comply with the requisites of this act, he shall 
not only be liable for the monies he may then or hereaftejr 
fare in possession, but shall be subject to the penalty of 
jfty ppuiids, to be recovered by suit in any court of re- 
cord, one tyaif to the informer and y the other half to the 
fee of the county. 

VIII, $ 9. The sheriffs of each and every county in 
this state shall be subject to the same rules, regulations, . , 
tod penalties, in their settlement with the acting wardens **™*' 
9f their respective counties, as are prescribed for their * 
settlements with county, trustees! any thing to the contra** 
Tj notwithstanding* 

flee Clerks of the Superior an<l County Courts, and Clerks and Masters in 
Equity. Jury 21. 34. Justices 4." Poof 20. Strays 6. 10, 1 1, 12, 
Taxes 64. Taxes tor County Uses 5, 10. Vice and Immorality 6. 

COUNTY WARDENS. 
See Poor Taxes for County Uses, Sheriff, 

COURTHOUSES, . . " • 

Bee Prisoners. Prisons, and Stocks 1, & « 



COURT OF PATENTS. 

Su^or Courts 10, 20. 



# •*< 



"* CREDITORS, 
[Administrators and Executors^ 

CRIMINAL*. 

1715 C 16, 

L $ 1. No persop within this state shall be commit- ^* itb*; 
ty$ to prison for any criminal matter until examination fy e exatu^ 
hereof befrst had before some magistrate, which magis- inaUoo^ 



J 



Not t£ 



164 bebtqm; 

trate shall admit the party to bail, if bailable, and abaft 
record the examination of the party, and also the full 
matter given in evidence both againsf him and for 
him, with all concurring circumstances, and shall take re- 
cognizance, with good and sufficient securities to the staU 
for the informer to appeaf and prosecute as the laws of 
this state do direct, and likewise fot all evidence for the 
state to appear and give evidence against the criminal at 
the next court where the matter is cognizable ensuing 
such examination, which examination and recognizances 
so taken shall be returned to the office of the court where- 
in the matter is to be tried, under the penalty of five pounds 
to every neglect, one half to the nee of the state, and the 
other half to him or them that shall sue for the same to 
be recovered in any court within this government by ac- 
tion of debt, bill, plaint or information, wherein- no essoin, 
injunction or wage* of law shall be allowed or admitted o£ 

)Bte Indictment 7. Prisoners, Prisons, and Stocks 12, 13. Process 4* 9. . 
. Quakers, 1.  r  

^BJ"^Btssss^v^ 

CURRENCY OF THE UNITED STATES. 

1809 C.17. 
V.S.cur- I* $ 1* Hereafter, the currency of the United States 
rcncvt* be shall be recognised as the lawful currency of this Sta\e: 
frecognis- ^ n( j j t s hali m & ip a y be lawful for the records, and all 

other papers and proceedings in this. state, to be kept in 
dollars and cents : provided that nothing herein expressed, 
shall operate to prevent any records, papers, or proceed- 
ings from being kept in the former currency of this, state. 

CUBSING AND SWEARING. 
See Yice and Immorality. 

DEBTORS. 

1796. C. 32. 
Debtors, '• $ \ m ^^en %Xi l Person who has resided six months 
about to • °r more in anv county in this stkte, shall be about to re* 
remove move out of the same either by land or water, it shall be 
KJ^P^nis dHy«o advertise his intention of removal in at least 
three public places of the county tqfe days previous to his 
removing, one of which advertisements shall be set up it 
the door of the justice of the peace to whom such person 
may intend to apply for a certificate of his having so ad- 
vertised, or at such other public place on the premises of 
the said justice as he may direct ; and if any person or 
persons shall remove, or knowingly assist to remove any 
debtor or debtors out of the county in which he shall have 



%* 







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/L. Clo/( 



% 'fit* *U. IULA^<^^/ ^ ^ ^c^L 




\» 



r 



jbe&q?. 



m 



redded for the space of six months or more, who shall 
sot have advertised himself in the manner as by this act 
required, and shall have procured a certificate of the 
same, from and under the hand of some justice of the 
peace of the county, then such person so removing, or 
knowingly assisting to remove such debtor, shall be liable 
to pay all debts which the person so removed might just- 
ly owe in the county from which he was removed, which 
debts may be recovered by the person legally entitled there- 
toby an action on the case, provided suit shall be com- 
nenced for the same within twelve months from the time 
' the proof of such removal shall „come to the knowledge of 
the person to whom die debt was sq due. 

See Collectors of Arrears, 4. Members of Assembly 9, 38. Prisoners, ft 
Prisons sod Stocks, 12, 13, 15. 

DECLARATION 
See Attomies, 7. Practice 2, 1% 13, 21. 

DEEDS. • 

A I. $5. No conveyance or bill of sale for lands (other j(j *tqpj 
than mortgage) in what manner or form soever drawn* 
shall be good and available in law, unless the same shall 
be acknowledged by the vendor, or proved by one or es superior ' 
more evidences upon oath, either before the chief jus- court L 
tice* for the time beipg, or in the court of the precinct 
where the land lieth, and registered by the public regis- 
ter of the precinct where the land lieth, and that all deeds what 
so done and executed shall be valid, and pass estates in d e «fc va- 
land or right to other estate without livery of seizin, at- ^ 
tornment, or other ceremony in the law Whatsoever. 

II. . $ 7. All deeds and conveyances of land lying 
within this government, .made in foreign parts, which 
shall be remitted hither and proved before the chief jus- 
tice or court of the precinct where the land lieth, in m; ju ^f jj£™{ 
ner as before directed, or' which shall be personally ac- may be re. 
koowledged or proved before the chief magistrate of any gistered. 

city, townoT corporation within the Jcing of Great-Britain's **** B HP? 
j.. ji ^ • r r «? 1 „i_ A nor oourU 

dominions, and attestation thereof affixed thereto, or 

tohkh shall be acknowledged or proved before the gover- 
nor or commander in chief of any of his majesty's plan- 
tations, and attested under the public seal, and registered 
in the afotetffii office of the precirifct where the land lieth, 
Within one yeajr pfter the arrival of 'such deeds, shall be 
food and valid in law to all intents and purposes as if 
f&ade gnd executed within this government. 



£6$* fiE£Q?i 

1741. C. 21. 

lit. $ 3. The Registry of all and every deed of 
ihesne conveyance already registered, or Jhat hereafter 
shall be registered by virtue ot this act, or of 17i5,c.~38. . 
Copies or a copy thereof, properly attested by the register, shall 
J^ e eVi "and may, where the original deed oir mesne conveyance is 
> ' lost, be given in evidence in any court within this pro- 

vince, in such suit or suits wherein there may be pecasion 
to give registered deed or mesne conveyance in evU 
dehce. 

1748. C 4. 

IV. $ 8. The record of every patent or grant regis- 
tered in the secretary^ office, or the abstracts of them 
fcntered in the auditor's office, or the office of the Earl 
Granville, or exemplifications of them duly proved, shall 

pf Grants, be as good and valid in law as if the originals were pro- 
duced, and may be pleaded and given in evicipnee as wcQ 
* as if the originals were in being* 

' • 1756. C. 6. 

V. $ 2. All deeds 'Ami mesne conveyances of lands, 
\^* f ; ^tenements and hereditaments hereafter to be 'made-, shall 
•lkiwe<ifor an d way, at any time within tw© years from the respec- 
fe^istr*- tive dates thereof be Acknowledged by the granters, their 
V 1 * 'agents or attornies, or provtd in manner aforesaid, that 

is to say\ by one or more of the subscribing witnesses ta 
the same H and delivered to the registers of the counties* 
wherein they are respectively situated* 

VI. $ 3. The registry or copy of the record of any, 
deed or convevance registered or recorded as mentioned 

Cepy when ,n tn * 8 act » anc * attested by the register or*clerk, shall and 

evidence, may, where the original deed or conveyance is lost, bt 

given in evidence in any court gf record, »nd shall be 

held, and is hereby declared' to be full and sufficient evi« 

dence of such deed or conveyance." 

VII. $ 4. The grantee or grahteet in any deed made 
Witne*-or hereafter to be made, shall and may, at his own ex- 

aesmn b<* pence, on motion to the county court whertin the land by 
to^njre tne 8an,e granted lies, obtain a summons for any one or 
them. more of the subscribing witnesses to such deed, which* 
shall be signed by the clerk, and directed to the ^heriff, 
commanding him to summon such witness to appear at' 
the next bounty coutt, and give his evidence concerning* 
tie execution of such deed, ynder the penalty of twenty. 
pounds ; and the sheriff shall -and is hereby, required to 
execute -the same at least five days before the court to 
which the same is returnable, and make due return there* 
«f, for which summons, service and return, the clerk an^ . 



\ #BEB3. 167 

iherifF shall be paid the same fees as are allowed on issu- 
ing, serving and returning subp&nas in actions ; and if 
any witness to a deed so summoned, shall fail to appear 
jn the return of sttch silmmons, the court shall give judg- • 

bent against him for the penalty aforesaid, which execu- 
tion may be taken out either against his body or goods', 
by him or them at whose instance heshaH be summoned, 
unless he show sufficient cause to the next succeeding 
court for not having appeared to give h\i evidence; • 

VIII. $ 5. Every register who shall neglect or de- He^sta** 
lay to register any deed or conveyance within two months ^ 
after the same shall be delivered to him, weft' register 

for each and every two months he shall so neglect or delay, 

shall forfeit and pay the sum of twenty pounds, one half * stepenif 

to the church wardens for the use of the parish 1 wherein l*ws and 

he shall reside, and the other half to hi in or them whoV^^**- 

shall sue for the same, to be recovered by action of 

debt With costs* 

J770. C 4fc. j)«d» 

IX. § 7. Whereas many conveyances for lands in the with certjy, 
' Several counties, certified by the register to have been cale * lo ^5 

registered,- are not to bt found in any of the register^ lc * IbUl 
books for the respective counties, it is enacted^ that any 
person producing to the register of the county whereof * 
he is register any fleed of conveyance for tends in the 
said county, with a certificate thereon endorsed of the 
same having been duly proved before *tfte inferior court 
bt the said county, or the chief Justice or on£ of the as- 
iociate justisea, shall be entitJedTto t have the same regis- 
tered, and the register* of the said county is hereby re- 
J"[uired to fegister the same if such conveyance, be not 
ound in the books, notwithstanding such certificate of 
registration, 

frSS. fc.23 % Pktemr, 

X. § 1» The govefnor for the time feeing sliall and E rar y B » irl * 
**ay, by and with the coYi3ent of the*couhcil of state, on ctUb ' 
application of any person or persons having a deed; grant, « 

6r patent for lands in such a predicament, that is to say, 
hxving'been rtcb+dedin the secretaries offict y and the books 
containing the same now lost or destroyed, provided that 
it shall appear to" tfiem that such grant, deed, or patent 
had been fairly obtained, and the requisites of the law 
folly complied with, to order the secretary toiet6rd stocfef 
deed, grant, or patent; and on sueh. order the secretary 
is hereby cMffected to record in his office such deed, grant," 
or patent for lands so ordered, together with such order; 
which deed, grarit, "or patent so recorded, shall be as good 
9bA vaKd in law to all intents and purpo^s whatsoever,' 



^68 DEPOSITIONS. 

as if such former records had never been lost or -destroy- 
cd ; and in any controversy at law that may happen in 
consequence thereof, this act may be given in evidence to 
. support the validity of the record of such deed, grant, or 
patent. 

1798. C. 37. , . 
XL $4. Any corporation may convey lands' by deed 

tibn&how'of bargain and sale, sealed with the common seal of said 
to convey corporation, and signed by the president or presiding 
lauL member or trustee of said corporation, 3nd two member* 

or trustees thereof, in" the presence of two witnesses : and 
duch deed, when proved ito the usual form prescribed fof 
other conveyances for land, shall be registered in the 
register's bffice of the county where the land lies in like 
manner* Nothing herein contained shall extend to the 
admission of any power of attorney to registry, which is 
signed or executed by a feme covert, unless she has ac- 
knowledged, in the manner required by law for her pass- 
ing lands separately and apart from her husband, thatsbft 
signed the said power freely and without fear or the conv 5 
pulsion of her husband, of afiy other person whatsoever* 

1802. C.2. . , 

XI I. § 1. In cases where inhabitants of other states^ , 
Copies of by will of deed, devise or convey property situated in 
wjlU &c this state, and the original witl or deed cannot be obtain- 
«ridence e j tQ re gj ster ^ ; n fa county where the land lies, or where 

the property shall be in dispute, that a copy of the said 
will or deed (after the same has been proved and regis- 
tered or deposited agreeably to the laws of the state where 
the persons died or made the same) being properly certi- 
fied, either according to the act of Congress, passed in ' 
May 1790, of by the proper officer of the said state, and 
the further testimonial of the governor or commander in 
chief of said state, that the person certifying is the proper 
officer, or duly authorised by law ; that then and in such 
ease the said copy shall be read as evidence in the courts 
of this state, and shall be admitted in the same manner 
sis a copy from any of the registers or clerks 9 offices 

therein. 

Sec Entries 1. Taxes 60. 6fl 62. 63. Gifts 1. Feme Covert & 

DRMUHRKR 
See ftactice 4, 5, 9, 15, 19, 24. Administrators and Executors. 



DEPOSITIONS. # 

1777.* C-2- 

I. § 39. When any person who may be a witness in 
any cause in any of the said superior or county courts, 




'/W 4ma^i AAsk*^. *w3 /vri+~ A*- '^ "^T " 



Y 



V 






'.\ 




DEPOSmoKS. {$& 

vail reside out of this state, or shall, by reason of age, 

bodily infirmity, or any other cause, be incapable of at* 

fading to give his testimony in court, oath thereof being 

made, or the truth of the matter otherwise appearing, the ..- 

judge or judges of the court wherein such suit is depend- ^hf". J"» 
• iii? i_- • • ' i_j how to be 

ing, shall and may by commission empower such and so taken* 

many persons as may be thought necessary to take and 
receive the deposition of such witness^ which being duly 
taken and returned 9fl hereinafter is directed, shall be re- 
ceived as legal testimony* 

II. § 447; The party praying such commission shall 
give such notice to the adverse party of the time and place 
when and where s^ch commission is to be executed as 
the court shall think proper, and s the adverse party shall 
have ppwer to cross examine any witness whose deposition 
shall be so taken, find all depositions .otherwise taken * 
than is herein directed, unless by consent of parties, shall 

be void to all intents and purposes* 

III. $41* If any person who may be a witness in / a 4J 
any cause depending in any of the said courts, shall be Ne*»«**» 
under a necessity of leaving this state before such caus* ° l 

is to be tried, or even before such cause .shall be at issue, 
upon oath thereof made before any of the justices of the 
said court?, Such justice fnay'order the clerk of the cnurt 
where such cause is depending, to issue a commissi^ to 
one or more persons, to take the deposition of such witness, 
notice being first given to the adverse party of the time & 
place when and where such deposition is to be taken, at 
least ten days previous to the time of executing such 
Commission, which, deposition, wjien returned taken in 
Manner aforesaid, shall be received as legal evidence* 

1803. CIO. 

. IV. § 1. It shall and may be lawful to take the de* 
positions of persons in a dangerous state of health,- or 
about to leave the state, upder the rules and regulations 
prescribed by 17Y7 y c. 2, § 4i, on giving to the adverse , L^a 
farty or parties the following notice of the time and place 83 ^ * 
of taking the same,- toP wit : in all cases where he, she pr 
(hey do not reside, or is or are not more than ten miles 
distant, three days ; in all other cases, one day more for 
every additional ten miles which the, said party or parties 
Jhay be distant from the place of taking said depositions* 
8eePractice25, 27. Witnesses, 4. Sheriff*, 16. 

DEPRECIATION. 
See Eqpitjr, 2. Motiey 3, 5, 6. Tender 2, & 

X 



. J 



J7W i>Escktff& 

DEPUTIKg. ,, ;. 

See Clerks, * Entr) -Takers and Surveyors, 4. Inspections, 38. IfrnU' 

ben of Ass«nib)y, 18. Poor, 1. Process, 14. Sheriff* 5, 4 14. Ttoif 
42, 63, 54, Wnneatee, 9. 

* DESCENTS. 

r 1784. C.22. 

I, § £'• When any person shall die intestate, seized 
or possessed of, or having any right, title or interest in 1 
and to any estate or inheritance of land, or other real es- 
tate in fee simple, his or her estate of inheritance shall 
descend in the following manner to wit, to all the children, 
share and share alike, as tenants in common, in severalty, 
and not as join tenants, other than such son or daughter as 

lineal, shall have lands settled on him or her by his or her de- 
ceased parent, in fee simple, equal to the share which 
shall descend to the other children respectively ; and in 
case any son or daughter shall have lands settled on him 
or her, by his or her deceased parent* not equal to the share 
wRich shall descend to such children respectively as afore* 
said, then so much of the land or other real estate of the de- 
ceased shalldescerid to such sfcn or daughter So provided' 
for, as will make the estates of all the children entitled 
by this act to the inheritance, as nearly equal as can be 
estimated ; and each and every of the children of the de- 
ceased so inheriting, shall have, hold and enjoy in the 
land so descending, tjuch estate as the said deceased had 
. and held in the same at the time of his death. If any 

E<piality> cn jj ( j f g^h i ntcgtate ghalt have died in the life-time of 

the parent, his or her lineal descendants shall be held to 
represent their parent, and shall stand in the same place 
he or she would have done, and shall' be entitled to the 
same portion of the estate of their grand-father or grand- 
mentation. ™° tncr * a * their father or mother would have been entitle! 
to if living, such part or portion to be divided amongst 
them as tenants in common, in severalty, and not as joint- 
tenants. 

II. § 8. If any person dying intestate, should at the 
time of his or her death* be seized or possessed of, or 
have any right, title or interest in or to any estate or in* 
lieritance in lands or other real estate, in fee simple, and 
without issue, such estate or inheritance shall descend 
to his or her brother and sisters, as well those of haif 

Collate, bj^j as those of whole blood, to be- divided amongst 

them equally, share and share alike as tenants in common, 
and not as join tenants ; and each and every of them shall 
have, hold and enjoy, in their respective parts or portions; 
Met* estate or inheritance as the intestate died seised <£ 



Pftttessed of, or entitled unto : Provided always that 

Irhen the estate shall have descended on the part of the 

lather, and the issue to whom such inheritance, shall have' 

descended, shall die without issue, male or female, but 

having brothers or sisters of the paternal side of the b^lf H*lfl>kx£, 

blood, and brothers or sisters of the maternal line also of/ 

the half blood, such brothers and sisters respectively of 

the paternal line shall inherit in the same manner as bro- 

thers and sisters of the whole blood, until such paternal n - * 

foe is exhauste4 of the half blood, and tjie same rule of. 

descent and inheritance shall prevail amongst the half bioocj* 

of the maternal line under similar circumstances, to the' 

exclusion of the paternal line : Provided also, that if any' 

brother or sister of the intestate shall have died in the 

life time of the intestate, leaving issue, male or female,' 

such issue shall represent their deceased parent, and stand 

in the same place he .or she would have done if living^ 

and shall be entitled to the same part or portion of the * ' r 

estate of his or their uncle or ?unt, as his or their father * 

or mother would have been entitled to if living, such part 

or portion to be divided amongst such representatives, if' 

wore than one, equally, share and sjiare ajike, as tenants 

in common, and not as join tenants, 

III. § 4. The same rules of descent shall be obaefv* SameroHi 
ed in lineal descendants and collaterals respectively, when J^^f ff 
the lineal descendants shall be further removed from their t near de* 
ancestor, than grand-children, and when the collaterals ^endant^ 
shall be further removed than the children of brother**** 

and sisters* 

IV. $ Jr. In case of any person dying inteatate, pos* 
sessed of an estate of inheritance, without leaving any Pajento^ 
issue, or not having any brother or sister, or the lawful 

issue of such, who shall survive the estate of such intes- .« 

tate, shall be vested in fee simple, in his or her parent, \ 

from whonj the same was derived ; or if such estate wa^ 
actually purchased 'of otherwise acquired by such intes- ^ 
tate, then the same shall be vested in the father of such 
intestate, if living, tyit if dead, then in-trje mother of such 
intestate and tier neirs, and if the mother of such intes* 
tate should be deacj r then in the heirs of such \n$jtestaie' 
on the part of the father, and for want of heirs oh the part : 
of the father, then to the heirs of the intestate on. the part * 
of the mqther* 

178T* Seas. 2L C. TXh - 

V. § 2. In the third session of 1784, c. 22. it wasp^f^;^ 
the Ration of. the legislature to let in the brothers o£. 



m 



tJfcSqENTS, 



the half blood, equally with brothers of the whole Hoodu 
and for want of a brother or brothers, or any lawful issue- 
of such brother or brothers, then, to the sisters as well of 
the half as pf the whole blood* ' 

VI* $ 3. In case of the death of any person intestate, 
leaving any real estate, actually purchased' or otherwise; 
acquired, an4 not having any heirs of his body, nor any 
parents, brother or sister, or the lawful issue of such, then such 
estate shall be vested in the father of such intestate, if liv- 
ing, but if dead, then in the another for life, and after the 
death of the mother, then in the heirs of such intestate 
qn the part of the father* and for want of heirs on the 
part of the father, then in the heirs of the intestate on 
the part of the mother forever, 

1801. C. U. 

. VII. r § 1- Where any person shall die seized of 

^ iepc real estate of inheritance in this state/ leaving no person 

lk> heir wi. who can claim as heir to him, but leaving a widow, that 

Bow to be the widow \ri such case shall be esteemed as heir to her 

vF** ilusband, and inherit his estate as suxh. 

VIII. §2. Where' any person shall die seized of 
real estate of inheritance in this state, leaving'descendants 
or other relations, citizens of the United States, who 
would according to law inherit, were all other nearer "de-y 

Descent scen d ants pr relations extinct, but who, according to the 
ien» ii« now existing laws, cannot inherit, because "there may be^ 
cfaxmml. others who, if citizens, would be entitled to inherit, but 
being aliens, cannot hold lands in this state, whereby such 
estate wpujd escheat ; in such case the nearest descend- 
ant or relation of the' deceased, being a citizen of the. 
United States, shall inherit. 

IX. § 3. This act shall have operation upon all es- 
fts ope- tates which* at present would be liable to escheat, which 

Ration, hvive not been reduced into actual possession by the state, 
or those claiming under it, in right of escheat, any law to 
the contrary notwithstanding* 

' ' l J80&. C.4. 

The following rules are established for regulating the 
descent of inheritance : 

* X. : § 1. Inheritances shall lineally descend to' the 

issue of the person who died last actually or legally sciz* 

ed; for ever, but shall not lineally ascend except as is 

lEules of hereinafter provided for. 2. Females shall inherit equally 

^jQcat. ^ith males, and younger equally with older children^r- 

$. The lineal descendants'of any person deceased shall 

ytarcdent their ancestor, tod stand in the same place tf 



DISCLAIMER «7£ 

put person himself would have done find he been living, 

4. On failure of lineal descendants, and where the inhe- 
ritance has been transmitted by descent from an ancestor, 
j|r has been derived by gilt, devise or settlement from an 
ancestor, to whom the person thus advanced would, in the} f "• 
event of such ancestor's death, have beep the heir, or one 

of the heirs, the inheritance shall descend to the next col* 
lateral relations of the person last seized, who were of the 
blood of such ancestor, subject to the two preceding rules*. 

5. On failure of lineal descendants, and wftere the inhe- 
ritance has not been transmitted by descent, or derived a» 
aforesaid from an ancestor, or where, if so transmitted or 
derived, the blood of such ancestor is extinct, the inheri- 
tance shall descend to the next collateral relations of the 
person last seized, whether of the paternal pr maternal 
line, subject to the second and third rules. 6* Collateral 
relatyms of the half blood shall inherit equally with those 
of the whole blood, apd the degrees of relationship shall 
be computed according to the rules which prevail in de- 
scents at common law : Provided always, 'That in all ca- 
ses where the person last seized shall have left no issue, 
Dor brother, nor sister, nor the isspe of such, the inheritance 
shall vest, for life only, in the parents of the intestate, or 
b either of them, if one only be living, and on the death 
of one of the parents, then in the survivor, and afterwards 
be transmitted according to the preceding rules* 

XI. § 2. This act shall commence and be in force 
from and after the thirty-first day of December,' and that' Farmm 
all laws and clauses of laws which come within the mean- actsrepe*. 
iflg and purview of this act be, and the same are from that c 
day repealed and made void : Provided always, That . 
nothing herein contained shall be construed to repeal so- 
puich of the existing law as prohibits children who have- 
had lands settled on them by a deceased parent, from claim- 
ing more of the inheritance of such parent than will make 
their shares equal to those of the other children 

See Intestates' Estate*, 4. 

DEVlbfcS, 
fee Wills 4, Frauds and Fraudulent Conveyances 5. Lands 8. 

DISAFFECTED, 
IJe'e Members of Assembly 29,30. Officers. Citizens. 

* DISCLAIMER, 



m 



Discontinuance— divorce an^ aum^mit. 



DISCONTINUANCE. 

1777. C. 2. %  . • 

I. § 12. None of the superior courts, nor any of th$ 
proceedings therein depending, shall be discontinued by 

Superior reason of the death of any of the judges, or by cheif 
^"l 9 not attending at any term ; but in such cases all pleas, 
cee&ngt'" causes, matters, 9pd things, therein depending, shall stand 
not dirtoa- continued and remain in the same condition in which 
p**"** they shall then be to the next succeeding term* 

II. $ 60. None of the county courts, nor any pro* 
cess in any of them depending, shall be discontinued for 
or by reason of the justices failing tp hold courts upon the 
day by law appointed, or of any alteration of any of the 

. Proceed- d aV9 appointed for holding the said courts ; but in every 
county suc ^ case a ^ such process, matters, and things depending, 
courts shall stand continued ; and all appearances upon returns 
when not of process, sfiall be made to the next succeeding term in 
^ | ^ nli " course, in the same manner as if such succeeding ferra 
had beep the'same term to which such process hadstoo4 
Continued, or such returns or appearances h*4 been made* 
And all recognisances, bonds, and applications for appear- 
ances, and all returns shall be of the same force and va* 
lidity Tor the appearance of any person or persons at such 
succeeding term, and all summonses for witnesses as ef« 
fectual as if the next succeeding term bad been expressly 

jnentiotied therein. 

1789. C.57. 

 III. § 7* Where a term of tie superior couijtof- 
Vtfttnnotlaw °* the court of equity or a session of the court of 
dif con inu- pleas and quarter sessions, shall intervene between the 
(d bydeath d cat h Q f any plaintiff or defendant, and qualification of the 
©r tiuuni- executors or administrators of sucp deceased piamtin or. 
ant. defendant, the intervention of such term or session shall 

not work any abatement or discontinuance of such, suit* " 

► _  * * * 

DIVORCE AND ALIMONY- \ 

1814. C.5. j 

Causes for I* $ *• Where a'marriage hath been heretofore nr shaQ be* 
divorce, contracted and celebrated between any two persons, andj 
it shall be adjudged in the manner hereinafter mentioned/ 
that either party at the time of the contract was and llilj 
is naturally impotent, or that cither party has separated 
him or herself from the other, and is living in adultery, 
in every such case it shall and may be lawful for jhe in*' 
jured person to obtain a divorce either from bed * D 4, 
board or from the bonds of raatrimqny, at the discretion 
#f the court. 



t _ 




•*• 



I 



"» s 



.» >\* ' 



>  












I 

f 



• / 



r 




^oas-*/. *#- ^*^-/~ „<r (kit- 



— ^r^^^fv'if 









ItftORCE AND AUMONY. iff 

• 

It § 2. Where any person has been or shall hereaf- 
ter be injured in either of the ways abovementiontfd, the 
husband or the wife may exhibit his or her petition or 
libel to one of the judges of the superior courts of law 
in this state in term time, or to one of the judges in the uwt* 
vacation, at least thirty day sjic fore the next ♦term, setting proceed.' 

. forth therein particularly and especially the causes of his 
or her complaint; ana shall together with such petition 
t>r libel, exhibit an affidavit on oath, taken before one of 
the judges of the superior courts, of some justice living* 
in the county where he or she resides, that the facts con- 
tained in the said petition or libel are true to the best of 
his or her knowledge and belief, and that the said com- 
plaint is not made out of levity or by collusion between 
the said husband and wife, and for the mere purpose of 
being freed and separated from each other, but in since* 
Tity and truth for the causes mentioned in the said pe* v 

Ntifion or libel; bond with sufficient security for the pro- fecupit y 
seeution of the tame being first given as required in other r«iuj "* 

-cases at law, and thereupon a subpoena may and shall is- 
sue from the said court, directed to the person, so com- 
plained against* commanding him or her to appear at the 
next superior court of law to be held for the said county, 
then and there to plead or answer to the said petition or 
libel ; and Upon due proof at the return of the said pro* 
ces$; that a copy thereof was served either personally on 
the said party or that he or she could not be found, and* 

, a copy thefeof was left at his usual or last place of abode 
in said county, at least fifteen days before the day of the 
said return inclusive ; if he or she shall refuse or neglect 
to appear, then an alias subpoena shall issue, returnable' 
to the first day of the next term, and be served personally 
in manner aforesaid ; but if he or she cannot be foUndy 
then proclamation shall" be properly made by the sheriff 
at the door of the courthouse, for the party to appearand 
answer as commanded by the subpoena i and that notice 
thereof he given in two newspapers, such as the court 
toay order, for three months ; and in the mean time, the 
said court shall ' and may make such preparatory rules 
and orders hi the cause as niay be necessary to prepare 
the same for trial, when the court may determine ex parte 
if necessary : Provided always, that in all suits com* 
fenced under this act, the material facts charged in the 
*aid petition or libel shall be submitted to a jury, upon 
whose verdict, and not otherwise, the court shall decree: 
toy rule 6r practice to the contrary notwithstanding* 



4ff& DIVORCE AXD ALIMONY/ 

• III. $ 3-* la any action or suit commenced in any df- 
^h^cbotU sai ^ courts f° r a divorce for the cause of adultery, if it 
feegujty. shall be proved thar? the plaintiff has been guilty of the 
like crime^or has admitted the defendant into conjugal 
Society or embrace? alter he or she Knew of the criminal 
fact, or that the said plaintiff (if the husband) allowed 
of his wi/e's prostitution or exposed her to lewd company 
whereby she became ensnared to the -crime aforesaid, ft 
shall be a good defence atul a perpetual bar against thfc 
said suit. 

IV. § 4. It shall arid may 1 foe lawful for the superior 
court aforesaid, after hearing any cause commenced in 
virtue of this act, to determine the same as to law and 
justice shall appertain bf either dismissing the petition 
or libet, or sentencing and decreeing a" divorce and sepa- 
ration from nuptial ties or bonds of matrimony, or that 
the marriage is null and void, agreeably to the prayer 
thereof; and such court shall have pcTwcr to decree ali- 
mony to the wife in the case Of general* divorce upon the 
petition of the wife. Provided that no judgment, serf- 

TJWoTces'tencc, br 1 decree, of final and absolute divorce from the 

SSdb rt " bond * of tn ^ trlmoT1 ^ sha11 be vahd until ratified by the 
jheAsaem.GkneYai A*sSerttbly of this state; and that after such sett- 

«>. tence so* nullifying or dissolving the marriage and its ra- 

tification by the General Assembly, stlf and every the 
duties, rights, and claims of the parties in right of said 
marriage shall cease and determine, and' the complainant 
or innocent person shall be at liberty to lharry again as if 
he or she had never been married. Provided always f 
that nothing herein contained shall be construed to extend 
to effect or render illegitimate any child or children borti 
of the body of the wife during the coverture. 

V. § 5.' If any person shall either abandon His fami- 
sWbcal^ty or maliciously turn hi* wife out of doors, or by cruel 
fci«L or barbarous^ treatment endanger her life, or offer such in- 
dignities to her person as to render her condition intole- 
rable or life burthensonfe, it shall and maybe lawful for 
the superior court upon complaint aud due proof made in 
manner aforesaid, to grant a divorce from bed and board; 
and also to allow her stfch alinttiny asr her husband's cir- 
cumstances will admit, not exceeding one third part of the 
annual income or profits of his estate, or of his occupation 
or labours, or by assigning to her* separate use, such part 
of the real and personal estate of the husband as the court 
shall think proper, not exceeding one third part of the 
Kusband > s estate, as the justice of the case may require* ; 



/ 



I 



'• t» 



mvoaca and aumont. iy# 

• .... 

^nich shall continue until a reconciliation shall take placf 
f between the parties. Provided always, that nothing here- 
in contained shall be construed \n any wise . to affect the 
rights of any creditor or creditors of the husband* 

VI. $ 6. And to guard the persons thus injure^ p tct$t0 
against the bea^t ofmotnentary passion* and to affbra time be prow*. 
lor reflection and opportunity for reconciliation, it is enact* 
ed that no petition shall be sustained in said courts unlesq 
the petitioner *h&til state and swear that the facts, the 
gVUQd of his or her complaint have existed to his or her: 
knowledge at least six months prior to the filing of the 
said petition ; and no decree shall be pfr'ade in any casq 
under this act until at least twelve months after the filing 
of the said petition. ... 

VII. $ 7* No person not a citizen of this state at ^ um ^ 
the time of passing this act, or who shall not hate resided not enti* 
within this state three years immediately preceding the tied to the 
exhibition of his or her petition, shall be entitled to ^sjjju^j* 
Under this act* 

VIII. % 8. In all case* brought under this act, the 
^ parties may take testimony by depositions under the same 

rules, regulations, and restrictions* as' exists in equity in 

tijis state. . 

, IX. $ 9. A tax of . the state of ten pounds shall be ^ ^ 

paid by the party cast, upon every case tinder this act. the fists; 

X. $10. The court may award costs to the party in 
whose behalf the sentence or decree shall pass, or that 
each party shall pay his or her own costs as to die court 
shall appear reasonable. 

XL $ II. The husband 4 against whom alimony o* 
separate maintenance may be decreed, shall give good ^ 

and sufficient security in open court, to be approved by 
the court, for the faithful performance of the same ; and 
h case of failure, shall stand committed until the orde? or 8ee||r « t ^ 
decree of the coutt is complied with, or the court may fa alim<? 
direct execution to issue as in cases at law, for the money ny re- , 
thus decreed, and" a writ of venire to the sheriff to sum-^L ttite ^ 
nona jury to lay off and allot the real or personal estate 
decreed to the wife. Provided that no process shall issue , 

Aom the court to carry the decree into execution until the, 
same shall have been ratified by the; General Assembly ' 

and an authentic copy of such ratification filed with tho 
clerk of the court before whom the cause was tried* . ' 

1816. c.33. 4 ; 

XII. $ t. Whereas by the before recited act thtt * 

ftntence or decree which the court is authorised to pftn 



/ 

I 



M 



DUE BILLS. 

Bounce in the. case of desertion of a wife by her husbana 
fs a divorce from bed and board, and a decree of alimony* 
And whefeas cases of great hardship bfteh occur, the 
husband being at liberty to return and squander away th* 
estate of the \vife, subsequently obtained : for remedy 

* thereof, it is enacted, that in all future cases arising ua* 
» der the before recited act, whenever the court pronounces 

a decree of separation from bed and board, the effect of 
Said decree shall be to securfc to the. wife so divorced, 
any property which she may subsequently obtain, either 
fcy her own Jafcour, gtft, de'vise, or operation of law, un* 
less the court shall In their judgrfierit otherwise order and 

* decree •, any law, usage, or custom, to the contrary, nor* * 
withstanding. — — — 

DOORKEEPERS OF THE ASSEMBLY. 
See Speakers 1. 

BpORKEEPKHS OF THE COUNCIL. : 

Sec Salaries I . 

DOWER. 
. . See Mortgage, 3. Widows 1^ 2, 3, 4, 7. 

\ 

 DltATNllTC OF LOW LANDS. ' 

,. ; See Land , XV. XVI. 

. , t DRUXKENNESS. / 

— ' ' . See Vice and Immorality, $. 

DUELLING. 

I. $ U .from and after the passing of this act, no 
person sending, accepting or being the bearer of a chai- 
Punish.lcoge for the purpose of fighting a duel, though no death 
^ent ensues, shall ever after be eligible to any officj? of tru&y 
honor or profit in this state, any pardon or reprieve not- 
withstanding ; and shall further be liable to be indicted, 
apd on conviction before any of the courts in this statQ 
T .having cognizance thereof, shall forfeit and pay a sum not 

i exceeding one hundred pounds to the use of the state. 
-» II. § 2. If any person fights a duel in consequence 

Where f a challenge sent) or received, and either of the parties 

fi killed^ s ^ OQ ^ * )C Wkd, t ^ lL * n l ^ e survivor, .on Conviction thereof 

* shall suffer death without bent fit of clergy ; and all Uieif 

aiders or abettors shall be considered accessories beibtt 

t,he fact, and likewise suffer death without benefit ox 

Clergy, — 

DUE BILLS. 

^ , 1809. C. 12. 

^t\ J'l« Any person or persons, or body corporate* 






DUB BILLS. fT& 

*Ab sjiafl, in future/make or issue any^romlssoi^ Btotca,^,^^ 
commonly' called due bills, for a less sum than ten shil- J ue l bill* 
Jings, intended to pass current, as" a representative "of, or In future, 
H substitute for money, shall be liable to an^actipn, In tfce 
name of the* Bearer, for recovery thereof, '"in rfny oftrie^ 
courts or superior courts in this sjate.wnich courts shall J 
have cognizance and jurisdiction of the' same,' and who; 
may render judjrment against such person or corporation, ". 
to maintain which action it shall not be necessary for the' 
plaintiff to prove that surh note or due bill *was* ever pre- 1 
stnted^r payment demanded, any words in (be ^aidnote^^^J^ 
or due bill to the contrary notwithstanding. ' £ue bilU- 

II, $2. From and* after the first djiy of May.qejtt, 
no p-.-rspn shall offer, in payment of" any debt, or in ex- 
chu^e V-f any moiiey or other thincj, any such nctte* or due* 
bi\ which is already issued, or may hereafter issue, unr ! 
less t^ tUe* person "or corporation having isS\ie*a the same, 
ihder ih«: penalty of rive pouifljs fox' 7 each offence, to bo' 
necsvr'-.tt before any iusti^e (if tfie p£dce, to the use of? 
the p-rso,i suing f >f trie same i Provided, That nothing* 
if this ar. shali iiLct the bills of notes already issued io^\ 
the ben rr cf.aw. seminary of leaning. ' ' , "' 

III, §3. The statifte of limitattoti shall not run, no*^ 
bepltadi'l in : bar of the recovery of such nSte or* due biff 

already isvaed as aforesaid, or which maybe issued* * „ 

• ' ~i <.«.! K+ «* '? " • f - * * * * Issue o^ 

1816, C-2. t , . duc bllu 

IV, $1. From and after the 1 passing of thjsact, it shall ntit [prohibit^ 
be lawful uvH'-r any pretence whatever for any person W 
persons, any corporation, school or acadejny within thia ? 

Aate, which how is or hereafter may be established, to ls* v 

sue any biH, order, ticket, promissory note or any other 

specks of security,' whatever may be' its form or name/ Penalty*. 

tfemmianry called due trills, wkh an^ntentrbn^to evadethis^ 

act, under the penalty of ten pounds^for each amd every* * r 

kill," ordef^ ticket, pfoimi'ssSry tioteV or other species of ie- ••• ' 

enrity, whatever may : be its name or form, commonly cal-' 

tea due bills, so issued. Penalty 

• V. § 2. It smdl not be lawful for any person o'i ;*per-*w p»m»** \ 

ions, to pass or receive* arty bill, order^ ticket, promissory ?* reCW ^ 

fcte, or other species of security ^ whatever m ay be its name 

<Jr form, commonly called due bills, Issued contrary to 

Ac first section bF. this act, or which his been already is-* 

aped W is nowlh cfrcufatiofti ; or for any person or persons J 

tp pass or receive any bitt^ orjler, ttcVet, prdmiskdry note? 

dr othef species of secrirTty, whatever may be* its form or 

name, conimtmly caltecF iBue-'bills, issued^jahy person jo*' 

iersohfi, or bodies fcdff>orafte of another sme; "under Tfcc* 



•* 
^ 



4.-* 



^Pr * 



- penalty of ten pptmds for each and every bill, order, ticket* 
Jrtomissory note, or other security, whatever may be its 
form or name, commonly called dufc bills, so passed or re- 
ceived. , 

# VI. $ 3. It shall not be lawful for any person or per* 
pons to pass or receive any check or checks drawn for 
Jess than one dollar on the state bank, the banks of New- 
bern or CaJ>e-Fear, or the various branches or agencies 
thereof, for the benefit of any academy, school or corpo- 
ration or company or private citizen, or any' check or 
• checks drawn on any person or persons whatsoever, under 
'» the penalty of ten pounds for each and every check so pas- 

sed, or received* " ■, 

Manner ^ yu # £4. jf any person or persons shall offend 

cwEon*** a JB a * ns * ti*i* ^ ct » ^ e > s ^ e °f th ev &**¥ De prosecuted at the^ 
».'•• instance of the state, by way of presentment or indict- 

ment, and on conviction shall pay the penalty heretofore 
prescribed together with all costs of suit ; and the proof 
of drawing, uttering, passing or receiving any such bill, 
order, ticket, promissory note or other security, shall4>c 
the same that is directed in the before recited act, and 
Judges sufficient to convict the person or persons so offending, 
rive this VIII* $ 5* ; It shall be the duty of the judges of die 
r act ia superior coiirts of law on their circuits, and the justices* 
r** 1 **- of the courts pf ' pleas and quarter sessions, in the several 
' counties, to give this act in charge to the grand jury, an4 
on presentment being made, the attorney and solicitor for 
the state shall take effectual pleasures to prosecute to judg- 
ment the petson or persons so offending and presented. 

IX*. $ 6. All fines and penalties which may arise 
{rovn convictions under this act, be and they are hereby 
appropriated, one half to the use of the prosecutor, the 
other to the use pf the county jvbere tfye offence was com* 

irripr.Bott- . a« y ?• IF >°y person or persons, bodies corporate, 
fpnjL company or association, shalL after the ratification of this 
"* ' ^ net, without the authority ot the legislature first had, 
•issue apy promissory notes, commonly called bank notes, 
of any value with intention that the same should circa* 
late and be received as a substitute for money,' he, she, or 
they, or the persons composing the aforesaid bodies corpo- 
rate, company or association, shall he prosecuted by way 
i>{ indictment at the instance of die state in any of the 
Courts of rccpra thereof, and on conviction shall forfeit and 
$av the sum o!f bne hundred pounds, and be imprisoned 
it the discretion of the court not exceeding six months* 
\JO, $^ 3omudiof aniM^e»utle4 u Anactto^ 



» t 



O pt OUK/W) - v 




„*U* 4s<~f <£%~ 




/Wfi C<~ 



fa 

£6* 




ELECTIONS* 1^4 

corporate the Fayetteville School Association* as might by 
construction or implication seem to authorise the said as- . 
toctation or its agents to issue any ticket, order, check, ' 
bill, or promissory note, either what are commonly cal- , 
led diie bills or bank potes,' of any value or dMcnption^ nK ^^J^| 
bfc*nd the same is hereby repealed and made void. 9 r forme* 

|jR(IL $ 9. So much of an act, entitled " An act for acts, 
establishing a manufacturipg company/' in the county of 
Bertie, as might by construction seem jo authorise the / 
said-company -or its agents to issue any tickets, orders, 
checks, bills or prom%sory notes, either what are com- 
monly called due' bills or bank notes, of any value or des- 
cription, be and tjie same is hereby repealed and made 
void. •-•^ 

XIIL $ 10. In cfse the Fayet&yine School Associ- 
ation or Bertie Manufacturing Company,' or their agents 
respectively, or any person or persons, school or acade* 
my, or corporation or company, shall refuse <jr neglect to 
pay on demand any bill, ticket, check, order, promissory 
note or other 'species bf security, whatever 7 may be its 
form or name, either jvhat are 'commonly called due bills, 
checks or bank notes, the holder shall be entitled to re- 
cover one hundred per Centura pn the principal due on sara. ^ 
due biH or bank note. 

XIV. $ 11. So tnuch of the act as relates to the pass- Opentiea 
fog or receiving of due bills or bank notes intended t°5[j**j[* t • 
lie prohibited by this act, alre»4y Issued, stands suspend- suspend^ 
ed until the first day of July; eighteen hundred and se- 
venteen* '■!  -   

ELECTIONS. 
1793. C * 
I* $ 3. If any person shall by force and violence ^ j^^f 
break up any election by assaulting the officers thereof, j„g. up Z' 
or depriving tfaeip of the ballot boxes, such persons, their lection?. 
aiders and abettors, shall be adjudged guilty of a misde- 
sirsoor, and upon conviction shall surfer three months 
confinement in gaol, there to remain*, without bail or main* 
prize, and until he pay such fine *s the court before whom 
such conviction is made shall judge, not exceeding 4fty 
pounds, and all costs-and charges- „ 

1795. C2. 

It* $ 4. It shall not be lawful to call or direct any 
ftgtmentai, battallion or company muster, or to assem* 
We armed men on the day of any election, at any place m ^^ 
appointed by law to bold elections for members of con* to juweA- 
grtssor members of the general assembly within this M* *V 
Jtok* under the penalty of five hundred pounds, to to* Je- 



% 



iHfr ENTRIES, 

• * 

covered of any person or persons who may calTWlj? 
muster or assemble *uch armed men,* in the name of the 
governor for the time being, and be applied one half to 
 the use of the informer, and the other half to the use of 
the&tate. •••*.■ 

,; "£ec„Le. Mature 5. Members of Assembly 1, 2, 22, 39» Poof 1. 

EMBEZZLEMENT, . % 

See Counterfeiting- 

rj EMOLUMENT^* 

See frjvileges, 

• # entails: - * 

4 See Perpetuities 2 3. 

ENTRIES.' , i * . 

.' 1777. U. 1. 

Who may }\ § a » Any p^son who is or shall hereafter be£orn$. 
«ner. a citizen. of tkis state, and whp shall perform the several 
l & eC * "° ^quisitea by tow aft requjrecj, may enter with the entry-' 
' ' t^Jcer of ^ny county within this, state, a claim 8 for any lands'*, 
lying in such coijnty, \Vhich have noj been granted bv the. 
crown of Great-Britain, or the lords proprietors q£ Caro^ 
lina, or any of them, in fee, before the fourth day of July, 
* if 76, oi* which have accrued; or shall accrue to ^his state* 
by treaty or conquest, every ^uch citizen performing every*. 
I • thing by this act required to be previously done : Pr/uyi-* 

ded, that when ativ; person shall have bona ficie purchased, 
lands, and has failed to register. .the deeds for the same, 
' within the times requirjsdby law, nojhing herein contained 
t : shall. bar Jiim from availing himself of the further times 
given fdv Teg^sfei'irig Vich deeds by any subsequent lajv, 
provided no person shall be entitled to clatrnvany greater! 
How much quantity of land than 640 acres where the survey shall b* 
bounded in any part* by vacant lands; or more than 1QOQ, 
acres between the lines of lands already surveyed ancb 
laid out for any other person, \ . 

II. §4. K very-person, except a guardian* who shall k 
Totakeclaifn Foram t>rprhan <cbild, and *exccpt persons .absent in 







allegiance 

f "*-.* and abjuration prescribed by the law of this state, whictf 
I ' * "oath the entry oflicer is hereby empowered and reqttireA 
, t to acl minister. •■*«■.*». v ' m 

JHf., '§ 6. When .the entry- taker- shall certify* to thej 
county court a d»put$d thum "in -mariner as by thp acjpdtof 







j 



I 











/7MT 









vo ( 



/^5 C/f- 



"^-•^^ — » ipi — - — - — •■  •- - - mt m^^^^~^ 



ENTRIES, £gg 

Jected, the said court shall order tbe sheriff to 9umnQ->n c ave . lt 
Ijury of good and lawful mci', unconnected by affinity or how cru- ' 
tpnsanguinity with the contending parties, who* shall be tt«l «»d 
above all exceptions, and having given the parties ten 9^ ^ ^U' 
days previous notice, shall go with the said jury on the u| {$\ ib, 
premises, and the jury being sworn to do equal right be-it*,^, Jti. 
tween the pafties, to ctfuse the witnesses on both sides to 
be examined, and the allegations of the parties to be made 
before such jury, and to receive the verdict of the said ' 
jury, and return it, together with the panel, to the next co uni- 
ty court i and at the said court, if it shall appear that the 
jury have found generally for any of the parties, then the . * 

court shalj order an authentic copy of the verdict to be 
delivered to fheparty^for whom the same shall be found, 
ivho, upon entering the same with the entry- taker, and * 

,J>erforming the requisites by this act required, sha 1 ob'- 
"Vitta certificate and^rdcr ot survey in like x manner as if , 

he haAuitade entty dta cl$im for the. same premises, and 
the officer shall refund to the other party all the money • . 
Ivhich he has received from him, except trie fees'* to him* 
self fc^ the services actually performed ; and in all cases 
*frhere the jury shall find a special verdict, the county 
court shall decide thereon, according to the right of the 
case, and shall order such determination to be delivered 
to the party, who may thereupon proceed as in case of a 
general verdict. Provided, that where it shall be made 



appear to' the county court t^afyhe^iury we^re partial or 

1 as requnred by the constitu- w 
tion, or have been influenced by any unfair practices of new tV)iii 



cot all good and lawful men as requnred by the constitu- 



erse 



the party for whom they shall find, the said court shall may be <>r- 
order a new trial,* and the proceeding shall be as before de f ed *| 
directed. 

IV. § y. u Where a claim shall bfe made to any lands \& v ^ 
for which apfior cla^m has' been duly entered before such' claimant 
subsequent claim shall he received, the party making the' J° &}*? • 
Same shall enter into bond with the entry taker, with suf- * • I 
ficient security, payable to the adverse party in the sura • 
offifty* pounds, that he will prosecute the said claim with nQ1 
Effect; and if he shall fail therein, he shall pay costs andj^ 
damages which shall acchie, which Costs shall not exceed 
fte fees in cases of juries of view, in cases respecting 
the titles 6r bounds of lands, and the clerks and attornies* 
fces as by law established .in other courts, but tnav be? 
diminished by the courts respectively as they shall judge 
right. 

. ▼ • $ 8* JNVtfcing in. this act shall extend to affect th*» 



N. 



i&4 • ENTftlES. N 

f < 

AUform< right, title, or interest which any citizen may liave ia 
er titles lands heretofore obtained by patent from the crown of 
validated. Great Britain, or any person claiming by, from, or under 
the same, or to bar any right of action, entry* or possession 
to such lands appertaining, but all such rights, titles, inte- 
rests, rights of action, entry, and 4 possession, shall be and 
remain as if this act had never been made. 

VI. §9* Every right, title, claim, interest, or pro- 
perty, by any person or persons set up or pretended tQ 
any of the before mentioned lands, which shall not be ob- 
tained in manner by this 7 act directed, or by purchase or 

^Uea riot inheritance from 1 some person or persons becoming pro- 

supported prietors by virtue thereof, or which "shall be dbtained ia. 

by imsact, f rauc j^ elusion, or evasion of the provisions and restrictions 

thereof,' shall be deemed and are hereby declared utterly 

void* 

VII. $ 10. El Very county suYy#yor,> upon receiving 
-•^ the copy of the entry and order or survey for awy chini 

how to be °^ Isolds shall *iay off and survey the same agreeably to 
fharie and this act, and make thereof two fair plats, the scale where- 
plats* 30, f shall be mentioned in such plats, one of which, \rith the, 
25 27 U wa rrant, shall be filed by the secretary, and the other annex- 
is! ' ' ed to the grant ; and no Surveys khali be made without chain 
, carriers, who shall actually measure the land surve)ed, 
and shall be paid by the party for whom the survey shall 
be made, and suth c^auy carriers shall be sworn to mea- 
sure justly and trul^a/cf t^f deliver a true account there- 
of lo the surveyor, which oath every surveyor is hereby 
empowered and required to administer ; and every sur- 
.. vey shall be bounded by natural boundaries or right lines/ 
4Far.lQ. runn j tl y east,* west, north, and south, and shall be an ex- 
act square or oblong, the length not exceeding double the 
breadth, unless where such lines" interfere with lands ai- 
ready granted or surveyed, or unless where the survey 
j£ ahr.Il be made on any navigable water,* in which last 

case, the water shall form one side of the survey, and 
the brieadth on such water* shall not be more than one 
fourth part of the distance back from the water. Nothing 
herein shall prevent any person froni entering a claim for 
N any island or islands on any navigable waters, the quan- 

tity of which shall not exceed what is allowed by this act 
16 be entered in one entry. 

VIII. § 17. This act shall not extend to confirm 
^Jtot? anv cntJ 7 wade or grant obtained in the late public land^ 
c uii tn- office for lands in the late lord Granville's- district,. or to 
*~*^ any entry which hath heretofore lapsed for w*nt of suing 



J 



ENTRIES. £85 

qfct « patent or grant agreeably to the regulations hereto- j 

iprt established and in use within this territory ; also no- 1 

fbiog contained in this act shall be construed to prevent j 

or bar any persons being subjects of this state, and claim- Saving*. , 

ing property in any lands there ip by conveyance or grant J 

from any nation of Indians from the right of trial by jury, * 

or a hearing before the General Assembly of the state at | 

a future day. 

IX. § Iff. If ariy entry taker shall be --desirous to How the 

make any entry ot K lands in his own name, such entry «trytak?r 
i « . ',.> , % r •• • r * is to enter, 

shall be made tn its proper place before a justice of the % 

peace of the county, not being a' surveyor or assistant* 
which entry, the justice shall return to the county court 
at their next sitting, and the county court shall insert 
such entry, and every entry mac^e by or for such entry, 
taker, in any ofher manner than is herein directed shall ' 
be illegal and void, and any other person may enter, sur- 
vey and obtain a grant for the same lands. 

. .1778. C. 3. . 

X* § 7* The surveyors shall run all dividing lines 
between part^ and party, according' to the directions they 
nay receive from them, or agreeable to directions from a 
jury in cases of contested and disputed claims, without 
regarding the cardinal points. 

, XL $ 8* A Ur houses and edifices erected for and de- 
dicated to the -worship of Almighty God, where the e^^pt^ 
tame may have been on vacant and unappropriated lands, 
together with two acres adjoining the same, shall here- 
after be held and Kept sacred for divine worship to and 
for the use of such society or sectary by Which the same 
was originally established. 

1779., C 4. k . 
XII. $' 1* The several county courts within this ^ewtr?» 
•tate, may, in all cases ^pow undetermined, where they ^a^^ 
shall judge a new trial necessary, order the same either 
on the pr*ftii$es where the bounds of the land come in 
questiop^Jar before them, in which last case they shall di- 
rect a jury to be impannelled and sworn, as pn the trial 
of other causes, to try the disputed claim ; and where the * 

j ^d jury shall find generally or specially, the same pro-, » 
i ceedings shall be had on their verdirt as in case of ver* 
| diets returned by the sheriff respecting vacant or unap-. 
' fropriated lands : and the judgment of the court in all. 
I casts of vacant or unappropriated lands shall be final 
L a * conclusive, without any appeal to the superior court* 



18$ : ' ENTRI&& 

Wbo4o XIII, § 3. The sheriff or his deputy, shall have fun 
swear ike power and authority to administer an oath to the jury and 
jurors. Witnesses, and to qualify them in the same manner as a 
jiistrte of the peace* 

XIV. $ 4; In case o*f the death of Any person who 
He rs, heretofore has made an entry of land, or who hereafter 

entererto shall make an entry pending the same, or before the ma- 
have the king out the grant, his or their heirs or assigns shall have 
land*, 59. a f ee simple estate in the premises, although the grant 
shall be made in the name of the decedent. 

XV. § 5» In many cases, after entering a caveat, the 
contending parties meet and agree, which agreement of- 
ten Cannot be ascertained, and thereby justice is delayed, 

Apree- au( j ^ e fatentiori of the legislature in granting lands de- 
ja^acted f e » te d. On application to the county court where the 
hn as vtr- land lies; both parties having such previous notice as the 
dicis. court shall jtidge sufficient, they shall ascertain the agree** * 
ment, and give judgment in the same manner as on a 
verdict of a jury, and the like proceedings shall be had 
thefeoft. In case the agreement cannot be ascertained to 
the satisfaction of the court, they shall order a new trial : 
as in other cased of caveats. 

XVI. § 6; In case any peffeon summoned as a juror 
to attend on the premises, who shall fail to appear aotf 
proceed on the trial, the sheriff shall return a list of his 
6r their names so failing to the county court next succeed- 
ing, who shall ofder a notice to issue for him or them to 
show cause at the next succeeding session in Justification 
of sfttfh failure,' which if the court shall think not sufficient, 
they shall fix a fine on the said delinquent, not exceeding 

a 2J.scal«l fifty pounds, a and be further liable to the action of the 
. f party grieved. 

UmdstNi XVII- % 7* When it shall have s 6 happened that any 
rutv.tf.'ible person or persons shall have mad*?, or hereafter may make* 
wutcrs. an y entr y Q f | an( i s on / an y navigable water, *nd are pre- 
VTT vented from running out the same agreeabljr to the di- s 
**' ' rections of 1777, c. 1, by the boundary of any hind here- 
tofore fun out, that then and in that case, the surveyor 
\ may aod shall run out and survey the same in the same- 

manner that other lands are directed to be laid out. 

1779 ; C. 6. 

intersect- XVIII- § 6. Where it shall so happen that the 

Vuur t es bounds of fwoor more entries join or intersect each otbery 

the surveyor shall survey such entries in turn, the eldest 

being ftrjit surveyed, provided such entry shall not be ca-' ^ 

Tcattd> but whea that shall bt the case 5 it shall not be Iflfrf* 

r 



*•• 



/ 



tol tor the purveyor to survey either of the entires so join- 
ing or intersecting each other, until a final determination 

be bad on such caveat* ' 

1782. p. 7. 

XIX. $ 3. All entries of land subject to the confis- tc ^$f* 
prion laws, are hereby declared null and void* 

1783. C. 2. 

XX. $ 11. The claimant of any Japd shall produce to Claimant 
the entry taker si writing signed by such claimant, setting ^^u^i^S 
forth where the lands sjjall be situated, the nearest watjr 
courses, mountains, and remarkable plapes, and such wa> 

ter courses and remarkable places as pay \>t therein, tlje 
natural boundaries and lines of any other personjbr per- 
sons, if any, which divjide it from other lands ; and eve- 
ry such writing shall be in one quarter of a sheet of paper 
at least, arid shall be endorsed by the entry taker with thq 
name of the claimant and qumber of acres claimed, and 
date of the entry ; and a copy thereof shall be entered in* 
a well hound book, ruled with a large margin, and into 
spaces of equal distances, every space to contain one entj-y 
only, and every entry to be made in the order of time in 
which it shall be received and numbered in the margin ; % 
and if no person shall appear within three months after gee . 
such entry to make claim for thp said lands, the entry taker takers 9. 
shall deliver to (he party a copy of the entry, with its 
proper number, and a warrant to the surveyor to survey 
the same, which warrant shall be written or printed on a 
half sheet of paper at least ; but if any person shall ap- 
pear and set up a claim to any lands sp entered, the en- warrant 
try taker shall note the same'in the margin of the book of survey 
of entries opposite such claim, and transmit the whole to **j/ 1^» 37 » 
the court, to be proceeded on as by 1 777 s c. 1, i? directed* ' v ' 

XXI. $ 15. The secretary shall make out grants for 

all surveys returned to his office, which grants shall be au- Grants 
thenticated by the governor, countersigned by the sepretary how to be 
and recorded in his office, ready to be delivered to the™"* 1 '* 3 !* 
parties to whom the same shall be rqade on the first day 43 55 59 
of April and October in every year ; and every person 
obtaining a grant for lands, shall within twelve months 
after such grant shall be perfect as aforesaid, cause the 
same to be registered in the register's office of the county 
Where the lands shall lie. 

XXII. $ 19. Every entry-taker shall make out and 
deliver t6 the surveyor, on or before the first day of April WArrwrt* 
and the first day of October annually, the warrants for^^* 
the several entries which are pot disputed, irjade in hi* 



!£$ BABIES. 

« 

oj&ce, endorsed in the manner aforesaid, which surveyor 
shall pr6ceed in'his surveys according to the number and 
date of the respective entries, and shall within twelve 
months after the receipt thereof, lay off and survey the 

Sec par. 7. samCt agreeable to the directions of 1777, c» 1, and shall 
make two fair plats thereof, on not l&s than a quarter of 
a sheefof paper, certifying in such plats the' date of the 
entry and number of the warrant under which the same 
shall be made, and shall set down in word* at length the. 
beginning, courses, distances, marks and water courses, 
together with the lines of such lands as may join the same, 
and the quantity of acres, Which return shall be signed by 
such surveyor or his deputy. 

KXIII. $20. Where any entry shall be caveated, the 
surveyor shall riot survey any entry for the same land 
Cftveats. (of a younger date than the one caveated) joi.j tgor in- 
tersecting such entry, until a final determination be* had 
in such caveat ; and every entry taker shall copy and trans* 
mit to the surveyor every caveat entered in his office, with 
the time of entering such caveat, and the numbers thereof* 
XXIV* §21. Upon complaint made on oath and 
Suspcn- sufficient reason shown to the governor or commander in 

f°0- " cjiief, he may suspend the execution of such grants, and 
direct the secretary to cei tify the same to the court of the 
County wherein the land may lie, and the court shall, up- 
on' receiving such certificate from tjie secretary, order a 
trial by jury in the same manner as they may do if a ca- 
Veat had been made in the office of the entry-taker, and 
the proceedings to be conducted in th'e same manner as U 

directed by 1777, cVi. 
Several 1794 C. 19. 

entries m XXV. § 2. The surveyors, or any of thenr, in parts 
neuurvey ^ ^ ^ ^^ ^ ^ e eas j j ^ e ce j e j territory, may and 

" shall survey for any person or persons whomsoever, hii 
or their entries of land, already made, or that hereafter 
tnay be made, be the number of entries more or less in 
one entire survey, and. return thelsame to die secretary's 
office, who shall make out a grant or grants for the same 
agreeable to such return, provided the entries so border oa 
' each other as to render this mode more practicable than 
to survey the same separately. 
Mat sor- ^ 3. Where two or more persons shall have entered 
*^* or may hereafter enter lands, or where two or more per- 

' sons agree to have their entries surveyed jointly, in one or 
piore surveys, the surveyor shall survey the same accor- 
Singly, in one entire survey, and the persons so agreeing 
to have their entries surveyed, or entering their hpd* 



0* 



A 








& 






Lou*" f. 



ASO 



ijoupiy, shall hold the same as tenants in common, and j» 
not as jointenants. 

XXVI. $ 4. The owner or owners of lands survey- 
ed in manner aforesaid, shall be obliged to pay the sur- 
veyor or surveyors and secretary the same fees as are al- 
lowed by law for other lands. 

1:87 C* Priority 

XXVII. # $ 1. The surveyors in the several counties of survey 

ia this state shall purvey all entries of land according to 
£he priority of such entry, paying due respect to the nam- - 
J>er of eaeh warrant : and every grant hereafter to be ob- 
|ained by any subsequent entry or entries, otherwise than 
16 by this act directed, shall be and the same is hereby de- 
clared void and of no effect. Nothing herein containe4 
shall be construed to prevent any person making a subse- 
quent entry on any land, from surveying and obtaining a 
grant as the law direUs, for all such surplus land as shall 
remain after the en^erer or enterers of such land hath sur* 
Veyed his, her or their entry or entries as aforesaid. 

1791*. C 21. ' 

XXVI II. § 4. In case the entry -taker hath made re- 
turn of any land circumstanced in the manner before dc- J^J? 1 * 8 ^ 



scribed^ that is to spy, where there is less land surveyed roun ded. 
tkan^fcoutairiedjfa 'the iuarrant, or where-the lands con-Wft . 
tamed in the warrant snail have* bmsti tpken by grknts or^W ^ 
entry of an elder date, the said claimant shall take She de* ^ 



position of the surveyor in open court, thit i$ko say, I* ^£W 
surveyor of the county of ' » do solehmly sw^at^fbmStt^MX.SS 9 

affirm, as the case may be, that I proceeded to survey a 
tract oj land for , by virtue of a warrant, num- 

ber , adjoining the lands of , (afid on completing 

the survey of the vacant land, agreeable to the location of 
the said warrant, there is a deficiency of acres, con- 
tained in the said warranU and no vacant land wherewith ™ d*!* 11 ** 
the same may be satisfied ggreeable to the. location, as all%795 t cAT 9 
lands adjoining are either taken by grants or entries of an*i $* wrre 
elder date) or thus, and find the whole of the lands con-™ff r '£^ s 
tanned in the said warrant fo have been taken by grants or c . T, § 8» 
entry df an elder date by , so that it is not ift the *>"* t ,l *t 

fewer of the said to get any part of his said entry c] ^f\ 

agreeable to the location of his warrant." And the said ing-'repeHL 
claimant shall have the said deposition certified by the ed by 179* 
clerk of the county court, which certificate of the Clerk ?■ . 4 » * 4 * 
•hall specially set forth, that A B, was, or is the surveyor f |£ndf£i 
or deputy surveyor of the county, and the said clerk shall those cl*u- 
then inclose the deposition of the surveypr, and seal the 8 ^2i € *% 
ttqp up within his certificate, and the claimant, upon de- Ti 



f ' 



190 



ENTRIES. 



livery by himself, or other person* of the deposition a&4 
certificate aforesaid to the treasurer, shall be entitled tt> 
receive out of the treasury as much money per acre as* 
land may now be entered for by law. 

XXIX. §6* The quantity of acres set forth in the 
deposition^ of the surveyor, shall be wrote in words at full 
length, and no way blotted ; likewise the certificate of the 
clerk transmitted to the treasurer, shall set forth the cir- 
cumstances in like manner i and if any surveyor makes 
a false deposition, he shall, on conviction, forfeit his office, 
and be also subject to the penalties inflicted for wilful and 
corrupt perjury'; and the clerk making a false certificate, 
shall, on conviction, forfeit his office, and be subject to 
fine and imprisonment, at the discretion of the court be* 
fore whpm such conviction may be bad. 
Entries " ' ' % ' " l79 ' 3 a 23 - 

not to be XXX. $ 5. It shall not be lawful for any person majt- 
withdrawti j n g £ n entry of lands to withdraw tjie same* 

1794. C. 16. 
rrice of XXXI. $ 1. All lands Vptered in tMs state shall be 

lantfj^SS, P aic * C or at l ^ e ratc °^ 50s# P er hundred acres, either it 
29, 32, $4, cash or certificates, calculating both the principal and in« 



•*•» $^39* terest of the certificates up to the date of the enjtn?(cer- 
^flV 'tificates passed at Warrenton ^n 12B6, those is^ed by 



m ^^ Patrick Ira verse, and those .commonly called Western pr 

Chiccamauga certificates excepted), 

m A *, 1794, C. 17, t 

™ ^P XXX II. # § l r prants shall not issue upon entries made 

> since the first day of January, 1797, until the claimant 

where*" to s * ia ^ produce to the secretary a certificate from the comp- i 

feme, &c.troller, certifying that a return from the entry-taker of 

the county hath been niade in his office, also the number 

of the entry, and the amount thereof, and also a receipt 

from the treasurer, certifying that the purchase money for 

'such land hath been fully accounted for and paid for by 

Oath of the entry taker. Nothing herein shall be construed to 

purchase prevent any person who hatji bona fide paid to the cntryr 

p*Xp. 54. ta ^ er t ' le purchase money for his land, from obtaining a 

title thereto, and the evidence of this payment shall be 

the receipt of the entry-taker, and the affidavit of the 

enterer or grantee, or his assigns, that he hath paid 'or 

caused to be paid to the entry -taker in whose office the 

entry was made, the amount of the money due for such 

* land so entered, which receipt and affidavit shall be filed 

in the secretarv's office. % 

XXXIII. $ 2. Itshall not hereafter belawful forth*. 1 
entry. taker to receive from the person entering lan<| tq 



T— •Hp^^i 



*■ 



wmmmmm 



mmmm 



f !■■ -^^■^^«»i« ■!  t^^v^^q^^^ipm 



Purcfcadfe 
monev 



£iV office, more than his own fees ; but it shall in all in- 
stances be thrf duty of the person entering to pay the pur- 
chase money to the treasurer, and take his receipt for the p a ,a tbe 
same previous to the warrants issuing upon such entry, treasurer, 
and die secretary of state is hereby directed not to issue 
any grartt for lands upon entries hereafter to be made, 
until the party applying* for th6 same 6hall produce to him 
$ certificate from the comptroller that such payment hath 
been made* 

XXXIV. § 3. In no entry made of lands within the 
present boifads' of this state, shall the Warrant be removed Entries 
or laid on other lands than' those especially located and *°* remo " 
described in the first instance upon the entry-taker's book', 
etcept ift the same county in Irhich the entries were ori- 
ginally made. 

XXXV. $ 5. The comptroller shall issue warrants Arm- 
on the entries itfade in the late entry-office of John Arm- strong'g 
strong, in all cases where warrants have not heretofore oftoe - 
fasoed, and in Which the purchase atoney or certificates 
have been paid. 

1795. d.ir. 

XXXVI. § 2. Any person or persons obtaining from 
the treasure! 1 a certificate that the first enterer orentercrs J^P* 03 " 
lave not paid for any part of the lands by him or them en- 
tered (within the time limited by lavi) of having paid part, 
had not paid for certain number's, and filing the same 
with the entry-taker of the county where the lands lie,, 
rtay enter the same, or such parts thereof as are not paid 
for, and thereupon shall have as complete tifle to the 
same, on complying with the requisites of this act, as he 
or they would have had in case such lands had not be^n 
previously entered under 1794, c. 17* 

XXXVI L * § 4. The entry takers shall issue warrants 
ton the application of such persons who have made entries 
in their offices since the 6th of February 1795, and on 
all entries which may hereafter be made, to issue war- 
rants of survey at the expiration of thre,e months from -WtmMs 
the date of each entry ; but nothing herein shall autho- to iMUC- 
rise the issuing warrants of survey in Cases of caveats in 
flny other manner than that heretofore pointed out by law. 

XXXVIII. $ 5. The time of payment to the state 
•hall in no wifee be postponed by means of entering cave- 
ats, or through other frauds or collusion : hut in all cases' rt ^ c jf , ~ 
<?f entry the cash or certificates shall be paid into thej aY pay-*" 
'treasury, and the party ultimately failing to ©biain the mea* 



M 



far. 28. 



Oath in 
qei'taia ca> 



t>a*e, 

h<\w to be 
inserted. 



Grants 
bow to is- 
flbe to as* 



Bemedy, 

warrants 

1/isL 



ENTRIES. 

lands paid for, shall have his cash or certificates refund- 
ed to him in manner as is already provided by law, , % 
XXXIX. § 6« No grant shall issue on the return 
of any land warrant issued on an entry made prior to the 
8th of February 1795,. until the enterer, or some person 
for him, shall make oath that the purchase money hath 
been actually paid, agreeably to law, and that the warrant 
on which the grant is claimed; was fairly and justly ob- 
tained, and without fraud unless it appears by the return 
of the entry taker, lodged in the comptroller's office pre- 
vious to the 8th of February 1 ?95, that the land was pro- 
perly entered and returned by the entry taker of the coun- 
ty, in which case the certificate of the comptroller shall 
be a sufficient vooche'r tor the secretary to issue the grant 

on.' 

1796. C. 7. . 

XL; § W After the 1st of March next, the entry 
taker shall insert the date of the entry in the body of the 
warrant, and the secretary shall insert in the body of the 
grant the date of the entry where such date shall appear 
on the warrant returned into the office ; and if any entry 
taker shall issue a warrant contrary thereto, he shall forfeit 
the sunt of 200L to be recovered by action of debt, one 
half to the person who shall sue for the same, the other 
half to the use of the state. 

XL I. § 2. Where the original enterer is dead, or 
the claimant holds by assignment from one removed out 
of the state, such claimant filing an affidavit to the effect 
mentioned in 17^3, c. 17, in the secretary's office, the se- 
cretary may issue a grant upon warrants so returned for 
ail entries made prior to the 1st January 1794, provided 
the warrant corresponds sufficiently with the transcript 
returned under the said act to the secretary's office (see 
Entry Takers)^ by the clerk of the county court ; pro- 
vided also, that grafts may issue to persons claiming land& 
entered in Guilford and Chatham prior to the year 1783, 
although there may be no transcript with which the war- 
rant may or can be compared* 

XLIL § 3* * It shall and may be lawful for any per- 
son claiming lands under such circumstances, to make ap- 
plication to the court of" the county in whose office such 
books are lodged, for a second warrant ; and if it shall 
be made appear to the satisfaction of such court, by the 
inspection of the books, that such entry was made, and 
that the party had been legally entitled to receive a war- 
pant, and it shall also be made appear, by the oath of the 



w* 



^pq"m«Bw^nvam 



nnpapai 



mmm 



m 



ENTRIES 193 

tiirVeyor or some credible witness, that such warrant has 
been lost or destroyed, that it shall, be the duty of the 
court tQ order the clerk to issue a second warrant of the 
same tenor and date of the one so lost or destroyed, stat- 
ing in the body thereof that .the same is a duplicate ; # Repealed 
which warrant shall issue under the seal of the court of u.,} 7 ?h± 
the county, and the same shall be as valid as ii issued by ed ml8pl> 
the entry-taker ; and the surveyor making return of plats M\ 
and survey under such duplicate, it shall be his duty to. 
note the same particularly therein ; and the secretary is* 
wing any grant or grants thereon, shall recite in the face ' 

of thtgsame, that the same is issued under a duplicate 
warrant by Virtue of this act, and liable to become null 
and void, if at any future time it shall appear that a grant 
had been obtained on the original wan^nt stated to have « 
been lost or destroyed as aforesaid* 

XLI1I. $4. Where it shall appear by the entry- 
taker's books, that a warrant hath not issued by the entry* Warrants 
taker, the clerk, by order of the court, shall issue war* wheutois* 
rants in the same manner as by the first section of this "*** 
act directed, par, 40, to the person or persons who may 
apply for the same* 

XI^IV. $5* A claimant of lands in Wilkes, Burke 
or Buncombe, under color of an entry in Washington or * 

Greene counties, in the state of Tennessee, -shall, previ. . F ™ •*£)? 
©us to making a survey thereof, produce to the court of J^ ' 
the county where the land lieth, a majority of the justices 
being present, his warrant, and make it appear by his own 
oath, and other testimony where it can be procured, that 
die purchase money for the land claimed hath been paid , 

to the entry-taker, and thereupon the warrant shall be 4 

countersigued by the clerk, and thereafter be held a 
good warrant : Provided nevertheless, that all such sur- 
vey 'shall be made agreeable to the location ; anfl provi- 
ded also, that any grant obtained on a warrant counter** 
signed as aforesaid, shall be void, in case it shall aiier- 
wards appear that a warrant had been previously issued, 
&nd a grant at any time obtained thereon. • 

XLV. $ 6* The secretary, shall stay the iss\ring of J 

the grants on all warrants returned into his office, purr "j 

porting to be signed by s any entry-taker of Washington Secretary u j 
or Greene ,whereof he may entertain any doubts of their Granule- 
being genuine, or not actually signed,, by any of the si-id 
entry.takers ; and in all such cakes it shall be his duty to 
lay such warrant before the next General Assembly, who 
*ill take such order thereon as justice ^anc}. the iuerestof , 
the state may require* 

A3 



194* ENTOIES. 

XLVL $ 9. The entry-takers of the respective coim" 

takertore- *' e8 sha11 a ? nuall 7 hpreafier make return of all lands en- 
turn all entered with them, as a part of their official duty, for 
lands en- which they shall claim no reward ; and in case of the 
tared. failure or refusal of any entry-taker to furnish returns as 
by this act required, he ' or they so refusing or failing, 
shall forfeit arid pay the snm of one hundred pounds, to 
be recovered on # motk>n in any court having cognizance 
thereof on the certificate of thfe treasurer that such fail- 
trre hath happened. 

XL VII. § 10.* Whenever a warrant of survey shall 
Within come to any surveyor, he shall as usual proceed A sur- 

th^lur^y *** thc same ' and sha11 within thirt y da y* after such 

to be made survey is made, deliver tp the person or persons for whom 

20, 22. • the survey was mtfde, upon his or their application, and 

his fees being paid, the) warrant, together with two just 

- and fair plats df such survey, under the penalty of twenty 

pounds for each failure, to be recovered before any juris* 

diction having cognizance thereof by the party grieved. 

XLVIII. $13. Every clerk having possession of the 

a .-. books of entries prior to the 8th of February, i795, shall, 

search the OD application search the same, under the penalty of 50L 

entry- to be recovered to the use of the person suing for the 

book* same, and give, if required, a true co£ybf any location. 

1796. O.9. 

XLIX. $ 5* In all cases of entries for land made with 
John Armstrong, in which warrants have issued, no grants 
shall be bad on the same, unless it appears by the comp- 
troller's certificate* that, agreeably to $f r. Armstrong's 
books, lodged in his office, or other sufficient testimony) 
Entries that the purchase money hath been paid, 
in Arm- L. $ 6. Any person who has made an entry or 
at* "** 8 entries in the late office of John Armstrong, or the Jegal 
cc " or equitable claimant of the land so entered, may pay to 
the treasurer in certificates the amount or balance of the 
purchase money due for such entry or entries, interest on 
which must cease at the time the entry was made ; and 
the comptroller shall credit the account of the said Arm* 
strong, and charge the treasurer with the said payment* 
for which payment the treasurer shall give a receipt, spe- 
cifying the consideration thereof t and it shall be the 1 
duty of the comptroller, where the claimant shall produce 
such receipt to issue the warrant detained for non payment* 

1797. C. 16. 

LI. § 1. All entries now made, or which shall be 
*- inade up to the dose of the year 1/97, shall remain the 



I 



* SNTRIB9L 195 

property of the enterers until the last day of December, Tlmeo f 
1798, on which day, if not paid for, they shall be void* payment. 
The lands entered in each preceding year shall be paid Time en- 
for in any event in the succeeding one, otherwise all such 1**K«l»»ee 
entries shall become void* , . 

1797. C. 34. 

LII. $ 4. The comptroller, shall 09 application issue pomptrol- 
warrants for lands entered in the office of John Armstrong, ler where- 
in all cases v here it shall appear by the entry books now in to Usue 
in his office that tfce purchase money hath been fully paid, warraatfl * 
and in no other case shall warrants be issued by him* 

HI1. § 5. No duplicate of a warrant shall issue on Duplicate, 
any entry, the warrant on which may be suggested to be P- 36 * 
lost. ,' 

1798. C.4- 

LIV. $ %* A certificate) of the cleric of tjie court* 
with the seal annexed, stating that the person claiming a 
grant was qualified in open court, and did make oath that °*th of 
die purchase money for the lands claimed was paid to the Jumeypa, 
entry-taker by or for him, shall be 9 sufficient voucher for 32* 
the secretary to issue the grant on, whether the same shall 
be handed to hhft sealed up or otherwise* 

LV. $ 2. /fhe secretary may issue grants on all en? 
tries made before X783, without requiring from the appli- Grants 
can( smy proof thajt the purchase money has been paid the way issue 
state, provided the entries on which grants are prayed for mfwixh* 
appear on the transcript of the entry-taker's books lodged ^ J A tlu * 
in his office, and correspond with the warrants returned 
to him, which requisite shall be dispensed with in all ca- 
ses applying to the counties of Chatham and Guilford* Time ^ 

LVL $ 4. Vptil the Jst day of January, 1900, enterem loved to 
of lands upon entries made since the 15th November, 1777, P«rf*ct U-» 
jnay accomplish their surveys and perfect their tides. Uc5# 

LVIL $ $• AU entries made since-the 9th February, 
1795, and up to the 1st January, 1798, ehaU yet hate un- 
til the 1st October, 1799, to pay the purchase monies for 
the entries respectively to the state, after which period, all : 
entries made sindb the 4th February, 1795, and up to & c ti,^™** 
1st January, 1 798, which shall not be, paid for, shall be 
deemed lapsed entries, , and shall be considered utterly 
void, and of none effects All lands so entered as aforo % 
said and not paid for, feeing thenceforward held vacant ' 
and unappropriated, and subject to be entered by any per* 
wn willing to secure there, toanta'not 

LVI1I. &6. The secretary *hafl not issue any grant to i««ue to 
?* grwiU on eutrjes of Jawls hereafter to be made, except assigns. « 



10Q ENTKIW. 

to su^h person or persons, or their heirs, as made s$\ 
entries* 

* . 1799. C.ll. 

LIX. $J. The claimants for unappropriated lands 
in the several counties in this state, who have made legal 
entries of the same at any time previous to the first day 
of January, one thousand seven^ hundred and ninety- 
eight, and have paid the purchase money for the use of 
Further the state as required by law, previous to the first day of 
time. October, one thousand seven hundred and ninety-nine ; 
and the claimants who have made legal entries in the year 
one thousatfti seven hundred and ninety-eight, and have 
paid or shall pay the purchase money for the use of the 
state as is required by law, before the tenth day of Octo- 
ber, in the year one thousand eight hundred, shall have 
longer time to cause surveys to be made and returned to 
the secretary's office, until the first day of January, one 
thousand eight hundred and two, v 

(Surveyor x LX. § 2. No grants shall issue upon any surveys 

^ 8!ffn i801 inadc aftcr thc fir8t d#y of February, one thousand eight 
J2 §f hundred, unless signed by the surveyor of the county. 

LXI. §3. In all cases of legal entries of land made 

Grants tor previous to the first day of January, one thousand seven 

issue on le. hundred an<J ninety-four, in which the warrant of survey 

pwloua to an< * l ** c P ,at8 s ^ al1 ^ returned to the secretary^ office withw 
1794.1801, in the time by this act limited^ it shall be the duty of thc 
% secretary, and he is hereby required, on application, to 

issue a grant without requiring an affidavit or other proof 
•of the payment of the purchase money, provided such en- 
tries shall appear and be found on the transcripts of the 
entry-books lodged in his office. 
Manner I*XII. § 4* From and after the passing of this act, 
of issuing no grant shall issue on any entry made since the eighth 
grants or of February, one thousand seven hundred and ninety* 
geruiaen- g VCf * or hereafter to be made, on the treasurers receipt, 
countersigned by the comptroller ; but it shall be the duty 
• of the comptroller, and he is hereby required, to make 
out and deliver to the secretary, a certificate conformable 
to each receipt by him countersigned, on which the se- 
cretary is hereby required to issue the grant ; and on no 
other proof whatever shall he i/isue grants for lands en- 
tered since the year aforesaid*  • - 

1800 C. 3. 

LXIII. $ U From and after the ratification of this 

of ^uiiT*?* tl ** t «a , e*aiT °« *tate shall be, and he is hereby audio- 

*ther n& r ***d t0 i>rae grants on all entries of lands not exceeding 

•ftama. 



wp 



■P 



1 



EKTRflBfc 49?» 

fopr hundred acres, made in the year 1794$ to the peiv 
sons entitled thereto, if the words, matters and things re- 
lative to the same, shall appear to be just and fair, and 
shall agree with the transcript of the books lodged in 
his office. 

c.r. 

LXIV. $ 1. A\\ persons who have made entries of 
lands since the first day of January, 1799, shall have un-% 
til the day previous to the meeting of the next annual When th* 
general assembly, to pay the purchase money for the same ^JO* &*& 
to the state ; and until the said day previous to the meet* deemed 
ing of the next annual general assembly aforesaid, no en- lapsed* . 
try of land entered since the aforesaid first day of Janu- 
ary, 1T99, shall be held deemed a lapsed entry. ^ - 

LXV. $2. This act shall be valid and in force from, 
and immediately after the ratification thereof. 

C. 13. 

LXVI. $ 2. All persons claiming lands entered since 
the year 1792, the bounds whereof are not described or Bounds to 
known, shall, within six months after the passing of this bedwenb.,. 
act, describe, survey and make known the situation, bounds U in claim 
and limits of the several tracts so claimed, and shall eause % _ 
a fair plat of the lands contained in each and every coufcty, 
to be made and recorded in the office of the register of 
each and every county wherein the said lands, of any part 
thereof, are situated. • 

LXVII. $ 2. In case lands shaft not be surveyed by i^^ 
any lawful officer, and the bounds thereof not made known lawfully 
by correct and fair plats, recorded in the register's office «"£eytd 
4s aforesaid, describing the situation and limits of each & lands 
every tract, where it shall be surveyed in different tracts, 
within the period aforesaid, the same, &nd every part there- 
of not described, surveyed and made known, shall be held 
and deemed lands belonging to the state, and subject to 
be entered by and granted to the citizens thereof, in the 
same manner, and under the same rules and regulations, 
as the unappropriated lands of this state are liable k to te 
.entered and granted. 

1801. C.2. 

.LXVII I- $ 1. All bona fide entries of lands made in T . - 
this 6tate, previous to the 1st day of January, 1798, which ] a ni tobe 
have been 'paid for, shall have until the 1st day of Decern- sunreyedfc 
£er, 1802, to Jiave the said lands surveyed and returned «*«*•. 
Jnto the secretary's office ; and all such lands not survey- 
ed and returned into the secretary's office by the day afore^ 
ptid, shall become void, and is hereby declared' lapsed 



1 98 ENTRIES. 

Further lands to the state, and may be thereafter entered by any 
time/J,8Q2, person, as other vacant and unappropriated lands in this 
9 * state. 

LXIX. $ 2. All such lands 50 surveyed and re- 
l fnDtper . turned into the secretary's office, the claimants thereof, 
fected, to shall cause the same to be perfected into grants, before 
Japs .1303, the 1st day pf January, 1604, otherwise the astme shall 
become null and void, and are hereby declared to be lap- 
sed lands to the state, ^nd may be entered aga^n as other 
vacant and unappropriated land in this state. 

LXX. $ 3. From and after (he passing of this 
^^ . act, where any person hath entered, or shall hereafter cn- 
SrusUur^ ter an y vacant lands in this state, and shall in apy manner 
timber off or wa y attempt to make use of any of the timber or growth 
had*- on said lands, by himself or any other person for him, or 
by his permission, before he actually pays the purchase 
jnoney into the treasury of the state for the same, such 
claimant or enterer shall forfeit and pay the sum of twenty 
pounds for every hundred acres so by him entered, and 
\ shall, further forfeit all his right of entry to said land, and 
his entry shall become null and void, and any other per- 
son shall and may enter the same as other vacant and un- 
■' V appropriated lands; in this state ; and such last enterer 
shall and may have right to all and every advantage of 
the premises trhen by him entered and the purchase mo- 
ney paid : Provided, nothing herein shall be construed to 
* affect any entry of land made and settled qn for the pur- 

pose of improvement by agriculture. 
• LXXI. §4. Every person who shall* mate use of 
1 T k- * e 8tate * s l anQ, > by making therefrom or thereon tar, tur- 
ing tar,&c? pentine, shingles, staVes, or cutting the timber oflfthe sa**e, 
before he shall have entered and paid for the same, every 
such person so offending, shall be liable to a fine of twenty 
pounds for each hundred acres by him or them entered, 
to be recovered in the county courts where such offence 
t shall be committed. And it is hereby declared to be the 
duty of the county or state's attorney, acting for said 
county, on information to him made, to bring suit for the 
recovery of said forfeiture for the use of the state. 

LXXIL $ 6. All claimants of entries of lands made in 

the year 1800, who shall not have paid for the same before 

-th the expiration of the present' year, shall r^ave, until the 

extension!* first day of December, 1 802, to pay the purchase 

1802, 10. money into the treasury for the same ; and all entries so 

paid for, are declared to be as good and valid in law, as 

if the same had been paid for in this preser^t year* And 



^"•^^ 



V 






► • ENTRIES. 19tf« 

the said enterers shall, within two years after the ftfst day 
of December* 1802, perfect their Entries by grant ; and 
all entries not perfected by grant within the time aforesaid, 
shall be deemed lapsed, and shall revert to the state* 
-LX&III* $7* All suspensions of grants that have ( 

been granted, or thall hereafter be granted, by the go- 
eraer of this state, the person at whose instance such sus- Suspension? 
pension may be granted,- shall cause the same to be dock- of K™ 11 ** 
eted in the court of the County where such land so suspend- 
ed lies, with hi six months after the granting such suspen- 
sion ; and on failure thereof, the said suspension is hereby 
declared void ; and the claimant of such suspended grant,' 
cm producing to the secretary the clerk's ccrtiGcate that 
laid suspension hath not been carried into effect, agreea- 
to the requisites of this act, the secretary shall thereupon 
make out td such claimant a grant for the land so sus- 
pended* •* * 

1801. C.14. 
LXXIV. § 1. Seven acting justices shall be pre- 
sent in court at the time such duplicate warrant (issued Dupttc&i 
according to 1796, c 7, § S.) may be obtained. warrant. 

1804. C. U. 
1 LXXV. $ 1. All persons who have made entries of 
tlaim for lands with any of the entrt> takers in this state, in 
the years 1 800, 1 801, 1 802 and 1 803, and have not f aid for 
the same, shall have until the meeting of the next general Time-af 
assembly to pay the purchase money into the treasury of J ra - I , C2&ter _ 
the state ; Ad all entries of claim for lands made in the d«£ 
said years, nhich shall not be paid for on or before that 
day, shall lapse and revert to the state i and the lands so 
entered and not paid for, aft aforesaid, shall thenceforward * 

be held vacant and upappropriated lands. 

LXXVI. § fU All persons who have made, or shall 
make entries of claim for lands with any of the entry-ta- 
kers of this 'state, in the present year, that is jto say, in the 
the year 1804, and shall not sooner pay for the same, shall 
naveuptil the second day of the meeting Of the genera;! Time eft." 
assembly in the year 1806» to pay the purchase money into laiged. 
the treasury of the state j and all entries of claim for lands 
made in the said year, which shall not be paid for on or 
before that day, shall lapse ; and the lamb stt entered, and 
not paid for, shall tovert to the state, ana shall thencefor- 
ward be held vacant and unappropriated* 

LXXVI I. $ 3> For all entries of claims for lands 
Which may be made with atiy 6f the entry takers in this Time'ei* 
ttate, from and including the first day of January, 1805, lavged. 



I 



SW ENTRIES 

to, and 'including the first day of December next follow* 
ing the entries, shall have until the first? day of Novem* 
ber, which shall happen in the year 1807, to pay the pur- 
chase money into the public treasury* 
( LXXVIII. § 4. The fixed and standing law in future 

shall be that all entries of land made ix\ the course of any 
Tkefixed one year, shall, in every event, be paia for on or before 
tu?c. W ^ e ^ rst day of November, which shall happen in the se- 
cond year thereafter ; otherwise all entries of claim for 
g the lands so made, as aforesaid* and, not paid ior on or 

before the first day of November, which shall happen in 
the second year after making the same, shall lapse, and 
the lands so entered shall revert to the state, and shall be 
free, a» shall all other entries which become lapsed by and 
under this act, for any person or pcrsotis to enter as vacant 
and unappropriated. 

1805. C 2. 

* LXXIX. § 1. All grants issued .on entries # made 

Certain-for land situated as aforesaid, (where the surveys have 

mnts tu- been, extended into other counties than those where the en* 

tries were made)* where the money has been paid into the 

x public treasury, shall be good and valid against any entries 

which may be hereafter made or grams issued therein, ' 

any law, usage or cust^n to <lhe contrary. 

1805. C. 9. 

LXXX* § 9. In future, the oath prescribed in the 

Oathfbxw oc ' ore recited act, for the surveyors to make in open court, 

wrty pi*, in cases of deficiency, where no money has keen paid, it 

scribed, shall and may be lawful to be taken before anjr two justi* 

JJJ^^ces out of court, which depositions when so > taken and cer- 

Jtre two tified under the hand and seal of such justices, shall be a 

justces. sufficient voucher to the treasurer in the settlement of his 

Recounts with the comptroller for such deficiency, any law, 

* usage or custom to the contrary notwithstanding* 

1803. C.26. 

LXXXI. $ 1. The fixed and standing law in future 

shall be, that all entries of land made^n the course of any 

**um** one year shall, in every events be paid for on or- before 

ftr E£lia*k c 1$th day of December* which shall happen in the se- 

fttme. ©ond year thereafter, instead of the first day of November 

as prescribed in the above recited act ; and all entries of 

lauds not paid for agreeably to the directions of this act, 

the sane shall become null and void, revert to the state, 

and nay be entered by any other person.** unappropriated 

lauds* 



r 



• / 



t 



E3TI1IE3. ' SO 4 

1809. C. 13. 

t XXXIII. $ 1. Whenever any eiitry of land shall 
hereafter be made in any entry-taker's office in this state, 
and the "enterer shall fail to pay the purchase money for 
the same, within the time limited by law, it "shall and The ^ ft * 
may be lawful for any person, who may have made a sub- f ai ], n g, ait- 
sequent entry for the said land, to pay the purchase mo- other may 
iley into the treasury and have a grant perfected, in the obtain the 
fame manner as the original enterer would have done, had 
ke no£ failed to pay the same ; any law to the contrary not* 

withstanding* v 

f 1809. C.16. 

LXXXIV. § 1. The land lying west of the line run 
by Meigs and Freeman, within the bounds of this state,. Cer+iitt 
shall not be subject to be entered under the entry laws of fe^ts not 
this state; but that the same, when the Indian title sha^lroC. * ^ 
be extinct, shall remain and enure to the sole use and be- 
nefit of the state ; any law to the contrary notwithstand- 
ing- • 

LXXXV* $ 3. All entries made, or grants obtain* 

ed,'or which may hereafter be made or obtained, shall be . 
null and void* 

1810. C. 22. 

LXXXVI. $1. All bona fide entries of land in this Fiirti^ 
Mate, which have been paid for, as by law directed, shall time fur 
have until the first day of December, 1812, for surveys to 8UIve y 8 - 
be made and returned into the secretary's office, any law 
to the contrary notwithstandfcg. 

% . 1811. C. 14. 

LXXXVIL $!• The proper officers of this state shall * 
proceed to perfect titles to all or any part of the land lying cevtsLiti 
*** south and west of the above described line, [viz. beginning titler.per- 
Qt the place where the eastern or main branch, of Elk £*-fected. 
ver shall intersect the southern boundary line of the state 
of Tennessee, from thence running due north until the 
* aid line 9s hall intersect the northern or main branch of 
Duel River, thence down the waters of Duck river to the 
military boundary line, as established by an act of this state 
passed in 1783] for which surveys shall be returned by Gen* 
tial lliomas Love, who has been appointed surveyor of the 
. said land, or by apy other surveyor to be hereafter ap- 
* pointed by this state for the purpose of surveying the said 

i&fttL The R9$£tif 

LXXXVIII. $2. rfo assent that may hereafter be ofcorgress 

given by Congress to the provisions of the act of this ge- not <° in * 

aeral assenibly above recited, passed in the year 1803, shall ^S^thii 

B 4 £ - **. * 



L 




£0fe ENTMEft. 

be considered as interfering with this act, or the titles W 
be perfected under {he same. 

1811. C. 16. 

' L XXX IX. § 1. From and after the passage of this 

Proof of act, it shall be sufficient in all cases when the before reci- 

the pay- ted original claimants (of lands in the counties of - 

mentotth* Wilkes, Burke or Buncombe) are dead, for their represen- i 
purchase . , ' , V i i 

rnone\shall tatives to prove the payment ot the purchase money, bytn* 

be hum- oath of one or more credible persons j any thing in Ac t 

Cient before recited act to the contrary notwithstanding. 

1811 C 22. V 

Time fd* XC; $ 1. All bona fide entries of land m this stats, 
taking which have been paid for as by law directed, shall have 
survevsex- t «j t ^ e lat fay Q f December, 1813. for surveys to be 

tended to. . ' , . , * in- J 

Dec 1813. made and returned into the secretary s office. 

18.2. c. 21. 

Allowed XCI. § 1* All bona fide entries of land in the state, 

tlll . 1815to which have been paid for as by law directed, shall have 

tevB,&c. until the 1st day of January, 1815, for surveys to be made 

and returned into the secretary's office ; any law to the 

, contrary notwithstanding. 

1814. 0.2. 
XCITi All bona fide entries of land in this state, the 
purchase money of which has been paid to the public 
treasurer, since the first day of January, one thousand 
•even hundred and ninety six, shall have until the fifteenth 
day of December in the year of our Lord one thousand 
eight hundred and sixteen, for surveys to be made and 
returned into the secretary's office : Provided^ That n* 
grant to be obtained under any survey to be made under 
this act shall affect or impair the title of any lands hereto- 
fore bona fide acquired by grant from this state : Provi* 
dcd y That this act shall not be construed to effect any en- 
tries made prior to one thousand ejght hundred* 

18H C. 16. 

XCI I. § 1* Any person who has made, or shall here- 
after make an entry or entries of lands within this state as 
required by law, since the year one thousand eight huu- 
t)upli- dred, and upon which the entry taker has issued, or shall 
tate war- ]s SUe his warrant or warrants of survey, and the same be 
Itoiled C l° st ky accident, it shah be lawful, on dae proof thereof 
being made to the satisfaction of the court of pleas and 
quarter sessions within the county wherein such entry shall 
have been made, or shall' be made hereafter, to issue an 
order or other proper process, "directing the entry taker 
, 4r his successor to issue a duplicate warrant of survey, qf 



T""^^" 



^■■^l 



^M 



I 

L 



/ 



ENTRY-TAKERS AND SURVEYORS. 



*w 



the same tenor and date of the one so lost, taking care to 

«ct forth in the face of said warrant, that the same is a du* 

plicate, in which case/such warrant shall be aa valid, and 

binding as the original : Provided^ That seven justice* 

shall be present in court, at the time of making such or* ^ 

dcr": Provided, That nothing herein contained shall have  

the effect of reviving such entries as have reverted, of. 

jnay hereafter revert to the state, by the purchase money* m 

not beii.g paid within the time limited by law : Provided* ^ 

also, That no survey to be made under this act or grant / 

to be obtained thereon, shall affect or impair the tides to> 

Jands heretofore granted. 

XCIll. -The entry takers shall be entitled to demand 

and receive tor each duplicate warrant by them issued ac-t 

cording to the provisions of this act, the sum of twenty-* 

tve cents* # 

1315. Cfc 

XCI V. All entries of land regularly made in the books, 

if anv entrv taker within this state, who has not renewed 

bis bojid agreeable to law, shall be as good and available. 

* in law and equity as if the entry taker with whom the' 

said entries were inade had renewed his bond for the faith* 

ftl performance of his duty as entry taker agreeable to 

law, any law to the contrary notwithstanding : Provided^ 

that this act shall not be so construed as to mate good 

any entry made with any entry taker so failing after the 

county court shall have appointed a successor in conse* 

{Ucnce of such failure* 

181$ C.31* 

XCV. The several surveyors in this state shall have. 
fcmil the first day of January, one thousand eight hun- 
dred and eightcep, to complete their surveys upon entries 
actually m^de and paid for since the year one thousand 
*< ven hundred and* ninety six, any law to the contrary 
notwithstanding : Provided^ Ttiat no grant to be obtained 
en anr survey to be made under this act, shall affect or 
inip.ir the title of any lands heretofore bona fide acquire^ 
by grants from this state. *" 

9ee Confiscation, 11. Taxes 50, 63. 

ENTRY-TAKERS AND SURVEYORS, 

^ 1777. C.l. 

I. $ 2. The justices of the peace in every county 
within this state, at the next court which shall be held af- 
ter each respective vacancy, shall elect one good and sirT- Ho * 
icient person to receive entries of claims for lands within elected* 
Qich coqnty respectively, and also one person properly 



g04f ENTRY r TAKERS AND SURVEYORS. 

qualified to be a surveyor 1 of lands within the same, a^_ 
which election whosoever sha.l appear to have the majo- 
rity of the votes of the justices then present, s\<x\\ be 
. deemed duly elected, and no other ; and every person so 
f 2,3,* <July elected, .for either of the t ffices aforesaid, shall hulcl.. 
the said offices respectively duripg-good behaviour. 

II. § '4. Every entry taker and surveyor, befori' 
«tf entering upon the execution oi his office, shall take and 

subscribe in open court, the oath prescribed for the quali- 

^ ) * ths j. fication of officers, (see oath of allegiance under Oaths) and 

the s°r- a ^ 8 ° aD oatn that he will well and impartially discharge 

veyor. the several duties of his office ; and the surveyor sh<tU 

enter into bond (see Bonds) with sufficient security, to be 

approved by the county court, }n the sum of two thousand 

*i 8 ?° L pounds* to th\ goverpor for the time b^ng, and his sue-. 

*^ ■' cessors, for the faithful discharge uf his duty. • 

III. § 1.5. Every 'entry taker a*d surveyor yho shall 
neghct or refuse to perform the several duties by this act 
required, or shall knowingly suffer the provisions or re- 
atrictions thereof to be eluded or evaded, or shall ask, de- 
fer ncjfcci man ^ or receive, directly or indirectly, any greater fees 
yfduty. than are by this act made lawful, shall forfeit the sumflf 

five hurdred pounds, to be recovered by action of debt, 
bill or plaint, and moreover shall forfeit all right to office, 
and shall be forever disabled froni holding the same, or, 
fuiy other office within this state. 

1779 C.6. 

IV. § 5. Every surveyor in this state, in his respec- 
tive county, may appoint a deputy or deputies, who shall, 
previous to entering on the execution of his or their office, bd 

Survey- j u ly qualified in a similar manner with the surveyor ; and 
m/poinuje-the surveyor making such appointment. shall be liable and 
puaes. accountable for the conduct of such deputy or deputies^ 
in the same manner as for his own conduct in office. 

1793. C 33. 
. V. § 1. The county courts respectively shall call on 
the entry-takers of tfieir respective counties, at the term 
next after the first day of July 1794, to give bond with 
tajJra^'t,, sufficient security, in the sum of 2000 pounds, payable fo 
give buud. the governor for the time being, and conditioned for the 
faithful discharge of his duty as entry taker : and no en- 
try taker w ho shall be appointed from and after the said first 
day of July next, shall enter upon the discharge of his 
office without giving such bond and security ; and at the 
jp xpiration of every two years thereafter, such entrytaker 
fjudl, in the same Wanner as at first, renew his bond wit!) 



mj^^*mm*i~mmmmm*mm—mmmmm**Bmm*mmmm^mmmm 












•O* f %. '• 



i'i*-, p W m ii ^MB^^^^^^MM^MMOIM^HHIi^BMHH 



ENTRY-TAKETIS AND SURVEYORS. «g()i5 

purity as aforesaid ; and in case any entry -taker shall 
refuse or neglect togive bond and security, and renew the J° b * 
same as by this act required, every such entry-taker so *verv * -4 
refusing, is hereby declared to vacate his office, and to be years. 

L ^eligible to the second appointment, and it shall be then 
the duty of the court of such county wherein the said en- 
try-taker is resident, to proceed immediately to the ap* 
pbimment o{ another person well qualified to fill such va- 
cancy. All entry-takers appointed to fill such vacancies 
as by this act made Such, shall be under the same rules, 
regulations and restrictions as other entry-takers within 
this state. No public debtor shall be eligible to the of* 

\ fice of entry-taker, . 

VI. § 2. If any entry-taker^ who by virtue of this Pena i t . 
\ act is displaced, refuses to deliver up his books and allf orno t di 

ojher papers and documents relative thereto, to his succes- Hver.ng 
sor m office, he shall for such refusal forfeit and pay tnc !i O0k !L a11 j! 
sum of 20001- to be recovered before any jurisdiction hav- 
ing cognizance thereof, to be applied to the use of the 
state. 

VII. § 4. For the year 1794, and each succeeding 
year, every entry taker within this state shall return to the 

| comptroller's office, on or before the firs' day of October, Lists to be 
1 after the close of each year, (on pain of for/citing for eve- retu-ned 
' ry failure or neglect the sum of 1001. to be recovered on C o m ptrol- 
• motion of the attorney for the state, on the comptroller's ler. 

certificate, stating the neglect or failure^one fair list of alL 
| the entries made in his office in the course of the precede 
ing year, which list shall contain the number and date of 
each entry, also the name of the person making the entry, 
and the number of acres entered by each ; ( each of which 
returns or lists shall commence on the 1st day of January, 
and end on the 31st day of December, in the same year ; 
and where it shall so happen that an entry taki r hath been 
appointed when the year was advanced, his first return 
shall commence with his. appoiutment, and end at the close 
pf the same year. 

' 1794. C. 15. 

VIII. $ 4. .The court in each county, at the court to 
be held after the 1st pf April next, shall call on ail former 
entry-takers who have held that office since the year 1 777, ^oks to 
aad have vacated their offices by resignation or otherwise, be dehvds 
and who still retain in their possession the entry .books *dp 
and papers by them kept, as also all heirs and representa- 
tives of any entry ..taker who may have died, who may » 

, $avc ip thepr hamU the books of any such entry-taier, {g 



fiO# *3fTRY-TAKBRS AND SURVEBORS. 

surrender to the said court all such books and papers, aq(|- 
thc said court shall proceed to examine all such papers, 
* when so delivered to them, and shall make thereon such, 
remarks as to them shall be deemed needful ; and the said 
books and papers wh^n so examined, shall be depositedjn 
* Sec P* 9 tht nands of tne present entry- taker/ whose duty it shall - 
be to safely keep the same, subject, nevertheless, to the 
perusal of an> person who may wish to examine the same, 
on'paying the fees alla\ved by law. 

1795. C 17- 

IX. § 7. Each entry- taker shall deliver up his books 
to the clerk in open court at the time of his resignation or 

Books to c li sm ission, or at the first court that shall happen thereafter, 

W i» umT ^ rst particularly noting on the margin opposite each entry^ 

oterk. all such entries on which warrants have not been issued, to 

the end his successors may hy written and particular order 

of court issue the same, * No person who now is, or here* 

tofore hath been or boreal ter shall be entry-taker in any 

county in this state, shall issue a warrant or warrants on 

any entry made or pretended to have been made in the 

Warrants K 00 i ca j ce p t by him when entry-taker after the time he shall 

*&. cease to be such, on pain ot forfeiting the sum of fifty 

pounds for every offence, to be recovered in any of the 

Former superior courts of law in this state, by any person suing 

entry-* a- £ ^ i ame an d applied one half to his own use, and toe" 

k<lts not to ' *  , • , . 

issue war- other half tathe use of the state, and on pain of being tin* 
»nts. prisoned at the discretion of the court, not exceeding three 
months. 

X. § 8. Every entry taker }n this state, a.t the timeo£ 
Entry-ta- ma j c - m g an entT y f lands, shall furnish to the person mak- 

t»fv the Ing the same, a certificate of the date, number of the en- 
da* e of theory, and quantity of acres contained in each entry, which 
entry, &c. Ccn ifi ca te shall be lodged with the treasurer by the per- 
son obtaining it at the time when payment shall be offered*. 
XI- § 9. The clerks of the several counties, imme- 
diately after thv pissing of this act, shall demand and, re- 
ceive from the entry- takers of thtir; respective counties, 
Clerks to an| j f rom those who have heretofore been, entry-takers," 
2^ ° f »nd are now no longer such, and fron>thfe heirs, e*ecu- 
buoia. tors and administrators of all persons who at afty time be- 
tween December, 1777, and the 8th day of February, 1795, 
have actrd in that capacity, all books which have been bjr 
them or any of them kept for entries of lands, and gene* 
rally the said derks respectively shall have power to de» 
in and and receive from all persons whatever, in whos^ 
possession the same may be, aji entry-office books a,s afore) 



«»■■■'* 



MMM^iMVI 



«■ 



■HOT* 



VNV 



ppw**w»*»wi""^^"^^^*'«^»^ 



mw 



ENTRY-TAKERS AND SURVEYORS. £oy 

Amd i and the same having received, they shall deposit 
the originals in their respective offices, for the safe keep- 
ing and preservation of which they are hereby declared 
responsible. 

XXL § 10. As soon as the clerks shall have obtained 
possession of the entry-books as aforesaid they shall make 
but a fair and complete transcript of the books deposited 
in their several offices ; which transcript, after having been ,* 
previously compared, with the originals, under the in*pec- 
tionof the ccfurt, and pr perly attested, wirh the seal of co J , v fT 1 j 1 \. il| 
the county annexed, shall be without delay transmitted by anifstrd* 
the clerk making the same, to the secretary's office, on or lran cr 'P* 
before the first day of July, 1797; and the clerks shall ^1^ 
»ot only receive such books as may bo delivered to them, &c. 
and forward a transcript thereof as herein directed, but 
also shall obtain information of the number and n >rncs of 
the several entry-takers, who have acted in their respective 
counties at any time between December, 1777, ,and the 
4th February, 1795, and particularly state to the secretary, y?<-pwt 
in a report which shall be subjoined to the transcript, the tob*^**u£. 
number of books which may be wanting, the names of the 
entry* takers who originally made and kept the same, the 
names of their securities, together with the real or sugj 
gested .causes whereof such books cannot now be obtained, 

XIII. $ 11. The clerks upon producing to the courts 

Of their respective counties a receipt for the transcript, Compw*. 
with the report thereto subjoined, made out, compared and s ; 4 ' ^L,j? 
attested as aforesaid, shall be allowed a reasonable com- 
pensation, to be paid by the treasurer ou a certificate from 
the clerk, countersigned by the presiding justice, under 
the seal of the county, not only for copying such books, 
but for transporting the transci ipts to the secretary's office 
as aforesaid* 

XIV. § 12. Should any entry-taker, or other person 
possessing the same, refuse to deliver the books of his 
office, or the books of any ertry-taker, which may be iti 

his possession, custody or keeping, on the application of - ** en ^£ 
the clerk of the county* or on his Written and witnessed j n? to de- 
Order, he or they so failing and refusing, shall forfeit and liver entry* 
pay 5001. to be recovered by the attorney or solicitor-ge- boot *' 
neral, on the complaint of the clerk to whom the books 
have befcn refus/d, and applied to the use of the state ; and 
if any clerk, after having received such books, shall fail, 
neglect or refuse to make out and transmit the transcripts, 
as above directed, to the secretary of state, such clerk so 
offending, shall forfeit and pay $001. to be recovered and 
applied as other penalties in this act are directed* 



IV 



80S EQUITY 

. XV. 9 13. No person or persons shall take or hold 
the bodies of the suid entry-takers in their possession, un- 
less when permitted by this act, or unless the same shall 
come to his or their hands as executors or administrators; 

for w^tinar ant * l * anv P erson or P ersons » not being an 1 entry-taker, 

inorother shall presume to possess himself or themselves of the en- 

w lS e inter- try-taker's books for any county in this state, and shall- 

meddling ma j ce anv official use of the same, or Write therein, or in- 

try-taker's termeddle therewith, in any minner whatsoever, shall for* 

■books, feit and pay 5001, to be recovered and applied as other 

penalties .in thi? act directed, and shall on conviction 

thereof in any court of Record, bo liable to imprisonment 

not exceeding six months, for each and every offence. 

1796. C 7. 
XVI. §12. Entry-takers who have failed to make 

Express their returns to the comptroller's office up to the ^eighth of 

to b« sent February, 1795, shall be subject to the experctt of having 

'them sent for, and the comptroller shall send formal! such 

as are not filed in his office on or before the first of March, 

1797, and the messenger so sent shall be entitled to re- 

* ceive from the entry- takete respectively the sum of 64 

per mile for every mile he shall travel going to and re- 
turning from the place of residence, which shall be paid 
hy the entry-taker ; and on nis refusing to p ty the ex- 
pence aforesaid, the person demanding the return shall file 
his affidavit with the treasurer, who shall pay the same, 
and shall enter judgment against them for the amount of 
such expences as in other cases : Provided that in cases 
where the entry- takers have given up their books, without 
retaining copies, then the express shall apply to the clerk 
of the court for the returns of lands entered with the v enti7" 
takef\ which the comptroller may have required, who 
shall furnis'i the same un'ler his hand and the seal of the 
county ; and For so doing he shall be paid agreeably to th* 
labor, to be judged of by the comptroller. 

See Bonds— Entries, 20, 22, 32, 33, 3&V 37 40. 45— Fees, 13— fro* 

Works, 1, 3, 4~*Justices, 4w 






EQUITY. 

1782. C. 11. 

I. § 2. Each superior court of law in this state shift 

Court of also be and act as a court of equity for the same district, 

• **"<*£ Tb anc * P )3SCS9 a U the powers and authorities within the same 

^nowcr. that * e court of chancery, which was formerly held in 

this state under the late government, used and «tercised» 

and that are properly and rightfully incident to such a court, 



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9 



Sgrefcably to die laws in force in this state, and not Incoo* 
•blent with our present constitution* 

1783. C.4. * 

II. $ 12. In all cases of disputes in matters of ad* * 
ministration^ testamentary and trusts between executors ^ 
administrators and guardians, and their wards and minors, s <* *&» 
in the settlements of accounts, and trusts arising jrom the*^ x "^ 
depreciation of the currency and incidents growing *u$22,23. 
of the times,' the parties may form a lull and perfect state 

of the case on both sides, at their joint expence, which 
cascshaU be submitted to the determination of the judg* Depmi* 
es of the court of equity, who are hereby authorised tt)|J2J ****** 
like such case under their consideration, and to determine* 
the same according to equity and good conscience* 

III. $ 13. "No part of this law shall stop or hinder 
any person from proceeding in the usual course of law, if 
he, she or they shall deem the same necessary* 

1787. Ci22.v 

IV. § 1. If any suit whidi hath been kr hereafter * 
•hall be commenced in any court of equity, any defendant ^. 

or defendants against whom any subpoena or other process  in * e he 
shall issue, shall not cause his, her or their appearance to court of e> 
be entered on such process, within such time and in such quity when 
maimer as, according to the rults of the court, the same*^^ y^ 
ought to have been entered in ease such process had been out of the 
duly served, and an affidavit or affidavits shall be made state or has 
to the satisfaction of such court, that such defendant or ^jf 001 **** 
defendants resides or reside beyond the limits of the 
state, or that upon enquiry at his, her or their usual place 
of. abode, he, she or they codjd not be found, so as to be 
served with such pfoces*, and that there is just ground to 
believe that such defendant -or defendants is of are gone 
without the limits of the stale* or otherwise absconded to 
avoid being served with the process of such court, then 
and in such cases the court out of which such process 
issued, may make an order, directing and appointing suck 
defendant or defendants to appear on a certain day therein 
to be .named ; and in cases where such defendant or de- 
fendants resides or reside without the limits of the state, a 
copy of such order shall, within sixty days after such or* 
der made, be inserted in some gazette regularly published 
within the state, for such length of time as the court shall 
order and direct, and may* when they shall think rtecessa* 
ry, direct such order to be inserted in any gazette iff the 
United States ; and in cases where such defendant or de- 
fendants $ball have withdrawn him, her or themselves be* 

C2 



2 io equitt. 

ycmd the limits of the state, or otherwise absconded tdf 

avoid the service of such process, a copy of such order 

shall, within sixty-dfiys after such order made, be inserted 

' in some palette regularly published within this state, if 

any there be, for such length of time as the court shall 

direct, and shall, within the time aforesaid, be posted up 

at the door of the court-house where such order shall be 

rpade, and also in some public place within the county 

^rhere such defendant or defendants respectively made his, 

her or their usual abode, within thirty days next before 

Such his, fier or their absenting ; arid if the d,eft*dant or 

defendants do not appear within the' time limited by such 

«rder, or within such further time as the court shall ap-' 

point, then, on proof made of such publication of such 

order as aforesaid, the court hein£ satisfied of the truth 

tfcefeof, may order the plaintiff's bill to be taken pro con- 

fesso, and mAke decfee thereupon as shall be thought just; 

and may thereupon issue process as in other cases tQ com- 

* pel the performance of the* decree, either by execution as 

f hereinafter provided to satisfy the demands of the plaintiff 

or plaintiffs in the suit, or by Causing the possession of the 

estate and effects demanded by the bill to be delivered to 

tjpe plaintiff or plaintiffs, or otherwise, as the nature of the 

case shall' require* 1st* Provided nevertheless, That 

such plaintiff or plaintiffs shall first give sufficient security, 

Plaintiff i n 8Uc h 8U! ft a « the court shall think proper,' to abide such 

s"ecuTiiy rC or der touching the restitution of such estate and effects 

as the court shall think proper to make concerning the 

same, upon the defendant of defendants appearing and 

petitioning to have the said cause reheard, and paying 

such costs to the plaintiff o*' plaintiffs as the court shall or- 

p roT j 80 der. 2d. Provided, That if any decrees shall be made in 

where a pursuance of this aet, against any person or persons resid- 

non-res.- ing without the limits of the state at the lime such decree 

dam V. Cn " * 8 pronounced, and such person or persons shall within two 

gainst years after the making such decree reside within the state, 

vhomade-ot become publicly visible therein, then and in such case, 

t»io«d d£ ^ 8 ' ie or thcv sha ^ likewise be served wkh a copy of 
terwards such decree within a reasonable time after his, her or their 
returns,^, coming into the state, or their public appearance shall be 
known to the plaintiff or plaintiffs ; and in case any de- 
fendant or defendants, against whom such-decree shall be 
made, shall, within two years after the making such de- 
cree, happen to die before his or her coming into the state, 
or appearing openly as aforesaid, or shall within the time 
IjBt before mentioned die in custody, before his or her be- 



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VGUnx mi 

j fl & se{fed with a copy of such decree, ^ien his of her heir 
of such defendant shall have any real estate, whereof pos- 
session shall have been delivered tiJQhe plaintiff or plain- 
tiffs, if such heir may-be found* or if such heir shall be 
feme covert, infant or non compos mentis, the husband^ 
jpiar4ian o* committe of guardians of such heir respec- 
tively, or if ' the personal estate of such defendant shall 
have been levied upon or possession thereof delivered to 
the plaintiff or plaintiffs, then his or her executor or admijp* 
istrator, if any such there may be, may and shall be served 
with a copy of such decree., within a reasonable time after 
it shall be known to the plaintiff ox plaintiffs thkt the de» 
fendant is dead, and who is his or her heir, executor or ad-- 
jbinistrator, and where he, she or they may respec- 
tively be served therewith within the state. '3<L 
Provided always, if any person or persons so served with 
a copy of such decree, shall not within twelve months af- 
ter such service, appear and petition to have the said cause 
Reheard, such decree so made aa aforesaid, shall stand ab- 
solutely confirmed against the person or persons so served 
with a copy therof, his, her or their respective heirs, exe~ 
tutors and administrators, and all persons claiming or to, 
claim* by, from or under him, her or them, or any of them 
by virtue of any -act done or to be done subsequent to the 
commencement of such suit, 4th. Provided nevertheless) f^^w 
That if any person so served with a copy ol such decree, on applica^ 
shall within twelve months after such service, or if any tion. * 
person nothing so served, shall within three years next 
after the making such decree, appear in court and petition, 
to be heard with respect to. the matter of such decree, and 
shall pay dowfc, pr give security for the payment of sucl* 
costs as the court shall think reasonable in that behalf, t^i* 
person or persons so petitioning, his her, or their reapee* 
tive representatives, or any person claiming under him, 
her or them respectively, by virtue of any act done before. 
the commencement of the suit, may be admitted to answer 
die bill exhibited, and issue may be joined, and witnesses 
on both aides examined, and Buch other proceedings, de+ 
cree and execution may he had thereon, as there might 
have been in ease the same party had originally appeared, 
^ad the proceedings had thjgn been newly began, or as if 
no former decree or proceedings had been in the sam* 
cause* 5th. Provided nevertheless, That if any person 
or persons against whom such decree shall be made, - 
his, her or ttoir heirs, executors or administrators, shall ' 

^Pt within three years next after the majting of such de* 



tti8 y «QOTTY. 

tree, appear and petition to have the case reheard, and 
pay down, or give security for payment of such costs as 
the court shall thins^asonabie in that behalf, such decree 
made as aforesaid, shall stand absolutely confirmed against 
the person and persons against whom* such decree shall be 
whmufbe ma( * e * n * s * ncr or tne * r heirs, executors and administrators, 
c&nfrined and against all persons claiming or to claim by, from or 
under him, her or them, or any of them, by Virtue of any 
act done or to be done subsequent to the' commencement 
of such suit ; and at the end of such three years, it shall 
and may be lawful for the court to make such further or« 
cler as shall be just and reasonable according to the cir- 
cumstances of the case. 6th. Provided always, That this 
act shad not extend, or be construed to extend to warrant 
or make good any proceedings against any person residing 
without the state, unless the ground or cause of action, or 
the transaction on which the bill may be brought, took 
place within, the limits of the state* 

V« $2 • In all cases where decrees may have bees 

loade in any suit in equity in any of the courts of this state, 

ecutlon to" or sna ^ hereafter be made, for any sum or sums of money, 

issue on it shall and may be iawlul for execution to issue thereon' 

decrees in against the defendant's body, or against his goods anoWhat- 

e 9 ttit y* tela, lands and tenements, . to satisfy such decree (anA 

lands and tenements, goods and chattels, shall be boun4 

by such decree and execution in the same manner as lands 

and tenements, goods and chattels, are by judgments and 

executions in law) and costs, in the same manner as cxe* 

cution may or shall issue in the courts of law. 

VI. § 4. Such court in all equity proceedings shall be 
styled and called the court of equity for its respective dts* 
trict, and in all law proceedings the superior court of law 
tor its respective district as formerly. 

1792. C8. 
Dsys for VI L $ 1. It shall not be lawful fqr the judges of the 
foesk btt " 88ic ^ *ourts of law and equity, on the three last days of the 
terms respectively as* they are now established by law, to 
take cognizance of any other business than that which may 
appear on the equity dockets at the said superior courts, 
until the business on the equity side of the court respec- 
tively shall be heard and determined as far as the same may 
be necessary or ready for hearing* 

1812 C. 4. 

*taitfw>. VIII. $ 1. It shall and may be lawful for every she- 

JecMo» r *^ or ot ' ler ofi* * 1 * to whom any writ or precept hereafter 
W*m» " *taU be directed, at the suit of any person or persons, *f 



00 



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I 



I 



V 



^^^▼■-^^^•^■i^^^^i 



EQUlTft Sift 

far, or upon any judgment now had, orhSreaFtertobchad, 
to do, mak*:, and deliver execution unto the party in that 
ithalf suing, of all such goods and chattels, lands, tene- 
ments, rents and other hereditaments, as Any other person 
or persons, be in any manner of wise seized or possessed f 
or hereafter shall be seiz d or possessed in truant for him, 
her or them against whom execution shall be so sued, as 
the sheriff or other officer might or ought to have done, if 
the said party or parties againsff whom execution hereaf- 
ter shall be sued, had been seized or possessed of such Trust jm*> 
goods and chattels, lands, tenements, rents or other here* perty upon 

ditaments of such estate, as thev be seized or possessed of aeath of 
a A c i. ^ l V -/ a u . cestui que 

in trust ior him, her or them at the time of the said execu trust atstta 

tion sued ; which goods and chattels, lands, tenements, in ha dsof 
rents or other hereditaments, by force and virtue of such I" 011 * ** 
execution, shall accordingly be held and enjoyed, freed 
and discharged from all incumbrances of sucn person or 
persons so seized or possessed in trust for the person or 
persons against whom such execution shall be sued ; and 
ii any etitui que trust hereafter shall die, leaving a trust in 
fee simple to descend or come to his or her heir, executor 
or administrator, then and in every such case, such trust \ 
shall be deemed and taken, and is hereby declared to be 
legal assets in the hands of such heir, executor or adminis- 
trator as the c^ase may. be ; and such heir, executor or ad- 
ministrator shall be liable to and chargeable with the debts , 
of his qj her ancestor, testator or intestate, for and by vir- ^ * 
tuc of such assets as fully and amply, as he, she, or they 
night or ought to have been if the estate at law had des- 
cended or come to him, her, or them in possession in like 
jnanner as the trust descended. 

IX* $ 2. The equity of redemption in all lands, tene- 
ments, ' rents or other hereditaments which now are, or EmiHyof 
hereafter shall be pledged or mortgaged, shall in like man- redemp- 
ner be liable to any execution or executions hereafter sued tl0n ,iaW# 
out on any judgment or judgments now had, or which JJ^ eC *' 
Hereafter shall be had, against the mortgager or mortga- 
gors ; and such equity of redemption shall, in the 
hands of the heir or heirs of such mortgagor or mortga- 
gors, be deemed and taken, and hereby is declared to be 
assets by descent ; and the heir or heirs shall be liable 
end chargeable with, she debts of his,iier, or their ances- 
tor to die extent and in the manner herein before declared* 

X.^ $ 3. It shall be the duty of the sheriff, selling any 
lands, tenements, rents, or other, hereditaments, under aw***- 
py execution to him directed, to set forth in the deed ^o &*?. K 



j£4*£ ESCAPES. ' 

be made by him to the purchaser or purchaser* thereof 

that the same lands, tenements and hereditaments, wtrt 

under mortgage at the time of thi levy on and sale of thfc 

same* 

1812. a 25. 

XI. $ 1* It shall and may be lawful for any court of 

tw^cTto ^uity** 11 CBses of application for a division of real estate, 

otdcr sales when it shall be suggested and made appear to the satis- 

< faction of the court, that fcn actual partition cannot be made 

without injury to some or all of the parties interested, to 

order a sale of the property upon such terms as such courts 

shall deem just and reasonable : Provided always, that 

whenever any of the parties shall be an infant, a feme co- 

' vert, non compos, imprisoned or beyond the limits of this 

state, it shall be the duty of the court to direct the part of 

the proceeds of the sale to which^such person is entitled, 

' to be '^o invested or settled, that the same shall be effectu* 

ly secured unto the person so entitled, or his or her real 

representatives. ' 

8ee Guardian and Ward 19, 21. Lands 7. Members of Assembly .2$ 
. Practice 22, 31. Taxes 38. Superior Courts. ... 

ERRORS 
gee Errors and Appeals 1, 3, $. Grants 2> 3, 6, Practice 9. Escheators 

ESCAPE, f 

1777. C. 8. 

I* § 9. If any person committed, rendered or charged. 

in execution, or upon any mesne process to any prison, 

r«--i *.*.** shall thence escape, it shall and may be lawful to and iot 

U.Til Cases. rv ri • ■-.* 

any justice of the peace of the county where such priso- 
ner was in custody, bpon oath of such escape made before 
him by the sheriff, under sheriff or goaler, or other credn 
ble person, to grant to any person demanding the sane* 
one or more warrant or warrants, under his hand' and 
seal, directed to all sheriffs, bailiffs and constables with* 
in this state,«reciting the cause of such person's commit* 
ment, and th^ time of his, her or their escape, and com- 
manding them and every of them in their respective coun- 
ties and precincts, to 6eize and retake such prisoner so 
escaped or going at large, and being so taken, forthwith 
to convey to the prison where debtors' are usually kept 
in the county where such re-taking shall be, there to bo 
kept in safe custody, until he or she be thence discharged 
by due course of law ; which warrant the sheriff is here-, 
bjs required to obey, and receive the prisoner iojo fa 



^^w 



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fiSCATE. 



Xl3 



safe custody, and to give. a note to the persona deliver- 
ing him, her or them, certifying his receipt of such pri- 
soner, and shall also make return of the execution of such 
warrant to the court of the county, where such prisoner * 
escaped ; and if he or she was there in custody charged 
in execution, then the said sheriff shall safely keep him or 
her, without bail or mainprise, until he or she shall have 
made fall payment and satisfaction to the plaintiff or plain- 
tifis, creditor or creditors, in whose names such execution 
was issued out, or until the judgment or judgments ob* 
tained against him or her shall be reversed or discharged 
by due course of law ; and if any such prisoner shall 
have been in custody under mesne process, in any action 
of debt or upon the case, the sheriff to Whom he or she 
shall be committed, shall in like manner keep such pri- f 

soner in his safe custody, and make return of the execu- 
tion of the warrant by which he or she was retaken to 
the court of the county wherein he or she was first ar- 
retted; and thereupon it shall be lawful for the said 
court, upon the plaintiff's filing his declaration and enter- 
isg the defendant's appearance^ to proceed to give judg* 
xneot thereon, in the same manner as if the defendant had 
w appeared in court, and refused to plead, unless such de- 
fendant shall cause special bail to he entered in said court, 
and shall immediately plead to issue, and thereupon a cer- 
tificate under the band of the clerk of the said court that 
such bail is given and delivered to the sheriff in whose 
custody such defendant shall then be, it shall he lawful for ' 
him to set at large such prisoner, and not otherwise ; but 
where any prisoner escaped and retaken upon such war- 
Tant aforesaid, shall thereafter be charged with treason* 
felony, or other capital crime in behalf of this state, for . ' 

which he or she ought to be tried in one of the superior 
courts, and shall be for such cause removed to any jail 
of such court, every such prisoner shall be charged in 
web jail with all causes wherewith he or she stood charg- 
ed in the jail from ^hfcnce he or she escaped or was re* 
moved, until he or she be thence delivered by due course 
of law. 

II- $11* Wh*re any sheriff shaft take the body of ej^^* 
anjt debtor in execution, and shall wilfully or negligently on'etac*- 
tffer such debtor to escape, and such sheriff or person tioik - 
suing out such execution, shall die before a recovery cap 
he. Had against such sheriff for such escape, the person 
suing out such execution, his executors or adminstrators, • 
*hall and' may have and maintain an aetion of debt against 



4B10 ESCAPE. 

such sheriff, his executors or administrators, for the rfec'oi* 
▼ery of all such sums of money as are mentioned in the ' 
said execution, and damages for detaining the same. 

. III. $ 1. When any person charged with any crime 
p . or misdemeanor whatsoever, saali be legally committed to 
IbrpermTu^y •heriff, deputy sherjff, constable, or jailor, within this 
ting e*« state, and such sheriff, deputy sheriff, constable, or jailor, 
«**>«>»» wilfully or negligently shall suffer such person so charged 
^^ and committed to escape out of his or their custody, the 
sheriff, deputy sheriff, constable, or jailor, so offending, be- 
ing thereof law lully convicted, shall be ie moved trom of* 
ficc and fined at the discretion ot the court before whom 
such trial may be had ; and in all such cases, h shall lie 
+ sufficient in support of the indictment of such sheriff, con. 

fttable, or jailor, to prove that such person so charged was 
Committed to his or their custody ; and it shall he upon 
the defendant to show that such escape was not by hit 
consent or negligence; but that he had used all legtl 
means to prevent the same, and acted with proper care 
and diligence ; and when a sheriff shall, in consequence 
of a conviction under this act, be removed from office, 
the justices of the court of pleas and quarter sessions for • 
the county for which such sheriff had been appointed, are 
hereby authorised, upon such conviction and removal, to 
elect and nominate a freeholder, as required by law, to 
execute the office of sheriff until the next annual election, 
who shall thereupon be commissioned by the governor or 
commander in chief, as in other causes* Such removal 
of a- sheriff, shall not affect his. power or duty as a county 
treasurer of the public revenues, but he shall proceed on 
such duty, and be accountable as if such conviction and 
removal had not been had. 

IV* $ 2. It shall be a part of the duty of the attor- 

Attarnevfiey or solicitor general, as the case may be, that when 

or solicitor they shall be informed or have knowledge of any felon or 

general to pc^^n otherwise charged with any crime oroffenie against 

exoffici* t * le state* having escaped out of the custody of any sheriff, 

deputy sheriff, constable, or jailor, to take the necessary 

steps td prosecute such sheriff, deputy sheriff, constable, 

or jailor so offending ; and for every such off. nee, andpo 

all indictments in such cases, he may endorse the governor 

for the time being as prosecutor. 

See Insolvent Debtors 4 ITiaofiem, Prams, and Stocks 3. 5, 16. ft»* 
13. 



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• i8ii. c. r. 

* >• It «f*U not be lawful for any ttieriiff in this State *h«rtff not 
fc scH escheated lands for takes i and all such sales in ^J to 
fature are hereby declared illegal and of no effect. 
fe«tfeiveifeity3,i, 5,8* fconfiscationfl^ 3* W|2*» Descents & 

tSTATES-TAJL. 
fte Poffctaitiai % S, - 

EVtUBNGB.  . * 

totiomotroHcr IV. Amy Actouata. 3. Heeds 5, 4, S, 10. Slaves 16. 
Bonds 1. Book Debts 1, 2, 3, 6 Clerks. Hun' ing3,4. Attort.es r. 
Ctttle,Hor»e«,andHoga 16 Depositions 1, %$. Kntrie*» Entry 
Taken and Surveyors 7. Fence* T. £»«/* 7» CfcdlMtistfc Tob«a> 
oo 3,10.. WiUi9. 

1777. C. 2 

h $ 7+. Wheite any judgment o* decree shall be *bt _ 

tsined in asy eoadty court oi pleat and quarter session* ~" 

lor any debt, damages* portion* legacy*, of distributive 
share of m intestate's estate* and the persdn toainstwhot* 
such judgment oir decree shall be obtained snail remove 
'htm or herself and effects, or shall reside out of die limits fitseatki 
of the jurisdiction of such court, it ahaH be lawful for the JJJJJJJJ? 
tier! of the court where such judgment shaH be giveh ot ty. 
decree taade, at the request of She plaintiff; to issue eltet 
cation to any county of this state where the defendant oir 
his goods may be found* and the sheriff or -other officer 
to whom the same may be directed, is hereby empowered 
tend required to execute the same, abd' make return there* 
fcf in the same manner as is directed for the tetania of 
process issuing frute the superior courts* 

# 177T C. 8. •• 

IL $ 7« Every sheriff in this state shall, on levying 
iny execution for any debt, damages, or costs,* make, if Bifl V|f 
required, a bill of his fees due on such action or suit, and £££& 
Set doWn Under the said btt, a trtfe copy of the clerk**, defendant, 
attorney**, and other ebdoTsed fees* separately laird dis- 
tinctly, and give a receipt for the same td the party x 
ftgainst whom such e*ecUtloft shall issue, and also shaty, 
Indorse the etnoubt of his own fees he shall take on such 
ttecutfon, So be entered by the clerk on the execution 
dodtet, for Which copy die said sheriff may demand and * 
fteaive one shlffing of the person requesting the same $ 
JuA If any sheriff or other officer empowered to levy Any  

fail to d* so, aaofe sheriff « other »fice* 



"'» r 1 



H 



218 EXECUTIONS 

« 201 scale s ^ a ^ forfeit and pay fifty* pounds to any person who will 
sue for the same* ' 

ft 1793. a % 

t Public III. $4* All sheriffs and coroners shall, uponte* 
eatecations ceiving any execution at the instance of the state, proceed 
to advertise the property levied on for sale after the time t 

Bot9. 10. of receiving the execution^ end before the time when hit ' 
return is to be made, . and shall expose the same for sale * j 
at thq* courthouse of the said county, (1802, c. 19, $ %) 
i from the hour often o'clock: in the morning until three k ' 
the aftert*oon* and shall publicly cry the same, for atdpast 
one hour ; and the said sheriff shall strike off and make i 
title to the said property so exposed, though there may 
not be more* than one- bidder theftfen 

1799. C.28 

IV. § 1. Where any sheriff or coroner has hereto- 
fore sold, or % raay hereafter sell any real or personal es- 
tate, in obedience t<* executions or units of Venditioni ex- 
fKtaas to him directed*. and have' not or may not hate ex- 
ecuted deeds for the 4aq»e to the purchaser, such sheriff 
pt coroner, though heipay be out of office* shall seal and 
officer* execute a deed or deeds of sale for such real or personal 
deed^tho' e *ta te so sold to subpurchaser at said sale, and who have 8 
out of of satisfied at paid the money for the same ; and incase any 
***• ' ' . , sheriff 9r coroder,4iayiAg sold any estate as aforesaid, has 
* .died, or "may die, or remove out of the state, then his 
successor in office *haU,. on application, make such conr 
veyance as is herein, directed* 

: . 130T. C. U. 
. V* $ 1* From and after the passing of this act, wbers 
'any property,, either real pr personal, shall be sold on any . 
execution of fieri fecjas, venditioni exponas, or order of 
sale, issued from any court of law or equity in this state, 
or froin any justice of the peace, such justicl having ju* 
ibr pSf. risdiction and authority to issue the same,4>y any officer 
chaser^ at lawfully authorispd to make such sale, an4 the sale be le« 
•execution- ga|Iy [and .bona fide ..made, a$d such PfOpFtty ;so jsold be 
sales. not the propef goods and chattels,, lands and tenements, 
{as the case maybe) of the «perso* against whose estate 
such execution, venditioni exponas,^ osder of sale, may 
hfve issued,, by reason .of which the fkjurchaser at such 
sale may have -been cfcpriyed * of the , same , property, or 
* may have been compelled to pay damages inr lie V thereof 
to the real owner, then, and in <;very spell. ca*e, it #W1 
be lawful for such purchaser, his, executors,, or adjDinistnh 
tprs, to sue such [person against whom fiucfe cxeatti<H» 



V 



mm 



m   



M ^^RMPWMHHBHHP 



ipadttioni exponas, or order pf sale, may haye so issued* 
%r the persons legally representing him, in- any action on 
the case, in an court of la^w ia this state, and recover 
yich sum as he niay have paid Cor such, property, with 
interest tbereop, from the time of such payment :-*» 
^rovi^ed always, that such property, if the same be per* 
sonal property, be present at such sale, aj\d actuary deli- 
vered,, to such purchaser* 

* /180)\ C 22. 

VI. $ 1. It shall be the duty of the severaf courts of" courts 

5 leas and quarter sessions, at the first term which shall to'iettl* 
e hoi den in their respective counties after the first day thechir- 
•f January in each year, to settle the charges of the afore- f^u 
said officers 1 [viz, sheriffs, coroners', constables, and other - 
•ffi ers],* for keeping, watering, and feeding; any horse, 
cattle, hpgs^or sheep, taken into their custody under legal • 
process i and the said officers or any of them, may main* 
tain his or their action against the debtor whose property 
has been so holden \n custody for the amount of the 
charges thereby incurred, before any court or. justice of 
the peace having jurisdiction of the sum due therefor* 

VII. § 2. Every officer claiming under thp act, shall 
make out his account, and, if required, give the debtor, 

his agent, or factor, a true copy thereof, sighed with his to jjjj^* 
own hand, and shall return the said account, with the ex^ out their 
ecution or*qther process under which the property ha*****"** 
hem »eized>, to the justiee or to the court to whom the ex- 
ecution, or process, is. returnable ; and shall then and there 
also swear to the correctness of the several items therein 
set forth, otherwise he .shall npt be permitted to make 
any recovery from the debtor 

VIII. $ $ % If any of the said officers who has levied Officers 
an execution or other process upon property, shall per**^ 1 "^? 
nit the same to remain with the possessor. thereof, i{may M^perty/ 
he lawful for such officer to take a bond for the forth- 
coming thereof to answer the said execution or process ; 

but the said officer shall nevertheless remain liable, as . 
heretofore, in all respects, to, the claims of the plaintifc 

lf08. G2CL 
' I3u $ !• No sheriff, constable, or other officer, shall Ten days 
•ell any goods or chattels by virtue of an execution, until IJJSSc Sa 
he shall have advertised the same for sale ten days atces.. 
least, in three public places in his county ; one of which 
public places, if the defendant resides within the same . 
cpunty, shall be within the captain's district in which said 
qtfendant resides* ' 
X, $ a # Every sheriff having an execution from anj Advtrgs 






jfeao TAmfc 

too, «tcfe court of record, *hi$, in addition to. Ac atopy* pl*c*t> 
^ House, advertise the day of sale at the courthouse of his county. 

1415. C. 4. 

IX. $ 1* Whereas many inconveniences arise to the 

citizens of this ptate haying debts due to them, by the 

fraudulent conduct of sheriffs and other officers, which 

. under the ejpsting IsiMf cannot be detected, lor remedy 

whereof, it is enacted, that whenever $ny sheriff, constable^ 

o? other ofiter within, this state, shall return upon aay 

« Writ of fieri facias or vendition^ exponas to him directed, 

that he has* made no sale for want of bidders, he shall 

state in his return the several places at which he hath, 

advertised the sale of property on which he hath levied, 

and the places at which he Jiath offered die same for sale, 

Vfefo/20L&nd every sheriff ojr coroner failing tq make such specit- 

% ation, shall for ev^ry omission be subject to a fine of 

twenty pounces, and cyeryconstable for a like omission of 

duty shall be subject to, a fine of five pounds for the use 

and benefit of the plaintiff, in the execution on Which suca, 

failure shall be inade, and further be liable to an indict* 

pent for a misdemeanor in office : Provided always, that 

Nothing contained in this act, epr any recoyery under the 

faine, shall be ji bar to $ny action for a false return against 

the sheriff, constable, or other officer violating the same. 

fee Administrators and Executors 4. Equity 5, 9* ?**» 1» & fw*^ 
7, Insolvent Debtors 1, f. Justices 1, 10, 18,25,26,2*. fends 1, 3; 
7, 9, 11, 12, 13, 14. Money 4. Partition It faces* «. f. Proce* 
tionerl. Sales 1. 8heriff7. 81avssl0. Superior Court* 4. Tim 
1*3*. Widow*** Witnesses 4. •  tt~ - , 

EXECUTORS^ 
6#e Administrators. 

^ slXTINCSUISHMEKT. I 

f ee; <ylm>nistrators 19, j 

?• $ 1. The several county courts in this stats ma* | 

&***? appoint a fair t>r fairs in their respective counties, at sua 

Ssubllsb* P*** °X places as they may judge most proper far the 

{as. convenience of the inhabitants, sq as to afford an opjKW- 

tunity and giye encouragement to ind\*atry % by collecting 

the inhabitants for the purpose of exchanging, bartering* 

and selling all such articles) aa they u*ay wish or be neccs* 

tittaed to dispose of. 

. II. $ %. When any of the said courts may think prs* 

?**»- per to tstai4ish a ttr* fey shaU nominate a** appsi* 



mmmm 



mm 



mmmmmwmmmwmm^mmmmmwm^m 



t 



^^^^^^^^^^^^^^^^^^mmmmmimmm 



^ftpmlQsloiievt to regulate and conduct the same, by draw* sionsr* to 
jog up and forming a system of by-laws for the govern* t>««pp°iati 
pent thereof, to be approved by the said court and entgr- ?3* 
*d tof record ; whifh rules so formed as aforesaid, shal) 

I j>e considered as valid and as effectual as if they had been 
expressed by an act of Assembly for that special purpose, 

I . provided that said ryles shall not be contrary or incftii- 

} iistcnt with (he laws of the land. 

Ill* §3, The inhabitants of every county where in any Inhabit* 
fairs «hs|l be established, shall have free liberty and power *"** °K th ^ 
to Attend the same, dispose, exchange, or harder, any ar- ^"^ttnd 
tide or articles whatsoever therein, without any restraint the bin, 
pr. distinction whatever, subject nevertheless to such rules to* 
as the commissioners aforesaid, Or a majority of them, 
shall or may form for the regulation thereof. 

IV* § 4. ' A majority of the acting justices shall in ***3 or * t * 
all cast* be present when any order or decree of the court " n g jj^J 
1b paased for establishing such fap or fairs, and no leas ces neces^ 
lumber than a majority shall have such power and autho- saiy* 
fity as aforesaid^ and a majority of the commissioners 
Who may be appointed to regulate the same, shall in all 
Cases be a quorum *u$ctent to transact any business re» 
{give ttaetft • ^ 

, fayettevilLb. . 

The ttiwq of Fayettevtlle shall and may be represented Btprssfeib 
| by a member, upon the time terms with the other district »*"*- 
i {owns \n this st*fe t 

1779. C. *, 

!• $ 4. The clerks of the superior and county courts 
tyi the fees not being paid by the party from whom they _ , 
» are due, may make ont execution, directed to the sheriff may issue 
of the county where the party resides, and the said sheriff for fees, 
shall levy the same by virtue of the said execution as in 
tnhcr .cases ; and to the-said execution shall be annexed a ^l? f b 
copy of the bill of costs of the fees on which such execu* ^exed. * 
tion shall issue, wrote in words at length without any ab- 
breviation whatsoever, and all executions issuing without 
the copy of sfcch bill of costs annexed, shall be deemed 
flknd, and no sheriff shall serve or execute the same* 

II. $ r. If any clerk, during- the sitting of the court 
Wbeneof he is clerk, demand other or greater fees than by Govts tp 

$is act allowed, the court shall immediately, on complaint •etUs fl» 



iaa 



irat« a. being made thereof, determine what fee or feet ijpalk W 
(pit fees, -paid to the said clerk by the party coniplaining. 

• - 1784. C.7. Sea. % 

IV. $ 1. The officer* herein mentioned $hall take and, 
receive* the following an.d, no other ox. greater fees what* 
ever. 

ftopy of ' $ $• # ^he dwks °f t h e several superior and county 

fees to be courts in this state, shall put up, in some public place 'v\ 

put up ty their office, an exact copy of the fees by this act allowed, 

***?• and also in the courthouse'during the sitting of each court, 

and for every such failure or neglect they shallforfcitlnd^ 

pay the sum of five pounds, to be recoyered by warrant 

to the use of any person whojpill sup for the same. 

V. $ 8. The clerks of the superior arjd county courts 
totes*!— ^here*suits are determined, and the fee* aye not paid bj 
bill of the party from whence they ajre due, may m^e out exc * 
costs an- " cutions directed to the sheriff of any county of this state, 
©eied. anc j t j ie g^jj sheriff shall levy the same as in other cases; 

and to the said execution % shall be annexed, a copy of tbq 
* bill of coats of the fees on which, such-fxecution shall is* 

sue, written in words at length without, any abbreviation 
whatsoever, and all executions issuing without the copy of 
auch bill of costs annexed, shall b* deemed illegal* and nq, 
sheriff shall serve or execute the same. 

VI. §9. I£ the clerk of any court, sheriff, register, 
or coroner of any county, shall hereafter be guilty of any 

Penalty breach of the duties enjoined him by, this act, either i>y 

fDrnot ob- hi s own confession or verdict of a^ jury, i$ shall, on a 

tl»e act second conviction, be adjudged and deemed a misbehaj. 

viour in office, for which such clerk or other officer herein, 

mentioned shall be removed from office : Provided never* 

thelets, that in case such clerk or other officer shall be 

dissatisfied with the determination of the county court, 

he may appeal to the superior* lourt ot the district iq 

which he resides* in which case there shall be a trial bj; 

i k jury, where, if the suspension of the county court shall bq 

confirmed, the said clerk or other officer as aforesaid, 

shall ever after be rendered incapable of acting in the 

eaid office in any county in this state. 

For serving copy of a declaration, lar 

for pillorying a person 5s. • 

For an attachment, the same as for an arrest, and if 

further trouble by moving of goods, to be taxed by the 

court. 

For executing a warrant of distress, or an executwp 
' against the body or goods, 4§ per cenu 



> »i 



M««i«i 



 



mm 



fx^^u.. mo.cu 



-A > 



*H " 






*h£» . ... ,.ftei 

Por summoning, impahheling, and attending on every ' " 
jury in every cause in court Is. 

When a special venire shall issue by order of court for 
summoning each juror, and attending the same 2s. ' 

! For serving and attending on any person on a habeas 
| fcorpus, per day 1 5s. 

1798, c. 18, § 1. For selling the estate of an Intestate, 
to be allowed by the court, not exceeding 2f per cent* 
1777, c. 7, $ 1. For summoning every wardeh of the 
i P°°b to be P***! ty the county 2s. 8d. — 6d. $th scaled* 
ln$, c. 11, § 5. For services of equity process and 
incidental thereto, the same fees as for the like services at 
law. 
1797, c. 18, $ 3. For apprehending any, criminal 10s. 
I For conveying any person in his custody for a criminal 
offence to the jail where such person ought to be convey- 
ed at the rate of 6d. per mile ; for each person composing 
the sheriff's guard 3d- per mile, and 4s. for each day 
ftuch sheriff shall maintain said prisoner. 

For carrying any sentence or order on the part of the 
state into execution, where the convict is to be corporally 
punished, except that of death 10s. 
For the execution and decent burial of any felon' 5l« 

1802. C. 16. §1. < 
The sheriffs of the different counties within this state, 

shall be entitled, for the following services, to the fees re- 
i, spectively annexed thereto. For every arrest 73. 6cL for 
f every bail bond 2s. 6d. For every subpoena he shall serve 

3s. and every attachment levied 7s. 6d. for talcing reple- 
| vy bond upon such attachment 2s. fid. for putting in stocks 
I 6s. For every commitment 3s. For every release 3s# 
' For" every writ of possession l€s. For calling every suit 
i in court 6d. 

1815, c.5,§ 3. For every notice of taking depositions, 
| same as subpoenas. 

1816, c. 4, $ 2. For serving any process at a distance r 
of 20 miles or upwards, four cents a mile, to be taxed in 

the bill of costs. 



mASGHl's 7XIS. 



VIII. 1777, c. 9, $ 10. For every search Is. 

1784, c. 7, $ 6. For each and 'every horse, mare, or 
m gelding, including the certificate entered in his office 5s. 

For each head of neat cattle 2s. 6d. ' 

For each head of hogs and sheep Is. 
•  1799. For every bond 2s. " 

I81$ f c 9, and 1816, c 11* For advertising strays log. 



ft*4 ***■ 

, . SB9ftCTA*YOr%TAJ*. 

For copying and certifying a will 4s* . 

For copying and certifying the record of a grant <£ 
patent 4s. For every certificate Is. For every com* 
Ibistioa for a place of profit 8& 

IX. 1799, c. 25, $ 1. For receiving tfce surveyor 
Return, filing the plan, making out and Recording the 
grant, with the endorsement thereof and the certificate 
thereon, to be paid by the grantee at or before the deli* 

' very of said grant, out df the office, shall be entitled to* 
receive 5s. For docketing a caveat, filing order oJPsus* 
pension to the ceurt, and entering And filing; the judgnpot 
Of the court thereon 5s. &>r eV«*ry search Is. For 
registering every deed for lands purchased for die use of 
the state, under an act of the General Assembly passed ia 
the year 1798, entitled "An Act to amend the revemis 
laws as respects the land tax/' he shall receive the same 
fees that ttye registers of the different counties would be 
entitled to receiVe for registering similar deeds, to bo 
paid, him bf the treasurer. 

X. $ 2. The secretary shall keep a receipt book 14 
trhich he shall take from each and every person Co whom 
fc grant ihall be delivered, a receipt* 

rillT At* B1C»XTA£Y. 

XI. 1B06\ c 10, $ 1; From and after the pissing of 
this act, the private Secretary of the governor shall be al- 
lowed the sum of 1501. and tne folio wing fees, and no 
Others whatever, viz. for a judge's commission 40«. For 
to attorney general's toimfaission 80s. For a solicitor*! 
commission 20. For a commission to a senator to con* d 

fress 20s. For a cottiraission for a representative S0s« j 
or a notary public's commission 20s* For any onynpis* ! 
sion fot a plate of profit 20s. For «a testhnonal 10w 
tor a suspension of a grailt ^s. 6d* For *ff"*g th£ 
seal to a grant 2s. 6d. 

■tTKTZTOB. . 

. X. 1783, c. %> § 16. For making the survey and til 
tther services, for every three hunemft acres or under 
16s. and for eVery one hundred acres more 4s. 

1786, (tU 13, $1. For surveying lands in dispute by 
Older of court, for every day he shall be travelling to and 
from attending the survey, and performing tint dutj bf | 
law required 20s< 

^ * JuttaY*i)kaKB. 

XII. 17M, c. ft, $10. For cwrv qitiy. including 
•It ictvices 4a. 



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S « 



*e*$ . **.# 



•.. »• 



tuKfc w Tm sunns* cewftr. 

, Jtlfl. *> t K $ 17- The fees of Attomtes, Clerks and 

., Sheriffs, for pleading And acting m superior courts, shall 

pot exceed those already established by law lor pleading 

and acting in the xo^ntjr courts of pleas and quarter sea* 

|KO(tt. 

fbXJUC Of TBI C9TOTT C09HT. 

XIV. J 784, c. 7, $1. For every leading process re- 
taroed to the first court, including all services, together 
with dismission or final judgment where either happens, 
}(fe. Fo# every presentment or ipdictment 6s« for enter* 

, ing and -filing eveVy recognisance, £$• For every coming 
a&ce or reference ojf any cause after the secefid court, in- 
cluding all fees for every service necessary thereon, 3s, * 
For the court at which the cause is determined, includ- 
ing all serv'tpev ?*• 6d. For every subpoena, provided the 

. party insert no more than four witnesses in'the same, Is. 
$4* For every e^epition or ojder of sale necessarily is* 
sued, including all services thereon, Fith taxing costs an4 
copy, and entering satisfaction, 9s« 9d. For every scire 

\ fecias against bail, w^th jnajung tip an issue thereon, en- / 
toing judgment without plea, including all pleas for every *• 
accessary service ijtiex eoa ; provided that tjie party paying' 
costs shall oot be subject to this unless the scire facias if 
aeecssary and required by the plaintiff, 6s« For giving a ' 
copy of the record of ^4jV cause when demanded by either 

i of the parties, 4s. 6d, Fox every order or rule of coyrj 
made on patters fofepgB to the suit depending in court, 

I ^nd a copy thereof, if demanded, 2s* For entering oh the 

r minutes the probate % of wills, qualifying executors, mak- 
ing certificates, recording the will and giving copy thereof, " 
Bs. For granting administration, ta^ng bond, and aQ 

* ether services ^hereon, 8s^ F^or proving apd recording ^t 
length in Bound books to be kept for ih.at purpose, an<J 
filing an inventory,- Recount of sales, ox account current, ^ 
Mhibited by any administrator, executor or guardian, ojr 
for seanph, copy and certificate of the- same, if the estate 
be under one raiodred poinds, £s# ifaboye4s. For every . 
J**rjiag» licence and bond, j&s. For searching a record 
•at of court, % la. For proving o,r entering ojc^noyledg- 

i meat of a conveyance of lands or other* estate, and certi- 
fying the same, witli order of registration ,and examination 
of afetiue covert without commission, 2s, For a commission * 
to take the examination of a feme covert or witnesses in a 
case depending in court, entering the return thereon, ^nd o~ 

. %i r Q^essary services, 2*. 4d. F or guardij&n or other bond 
* E 2 . " ' "' 



 



/ 



take* in court, including all services, 6*. For indenture for 
binding out apprentices; inctading'-aQ fees fqr every service 
pecessary thereon, 6s; For a special verdict or demurrer, 
or mbtion in arrest of judgment, 3s. Fefr a Writ of error 
or appeal, with a transcript of t^e record, and all serf ices 
thereon,' 8a» For making out certificates of witnesses at- 
tendance, 8<L Fjqr recording a mark or brand, and gloat- 
ing a certificate thereof, if required, is. And alt other 
services done hy the clerks of the county oouru are hereby 
deemed en offif io, amongst" which all notices or writs of 
scire faciaps against jurymen shall be considered, and the 
respective courts may allow reasonable satisfaction for die 
tame annually, out of the county tax, not exceeding 3d. 

1787, c. 19, $4. , For every security by him taken fa* 
„ the plaintiff'* prosecuting his suit or to pay costs, 3s- For 
entering the same, with the names of the security, in a 
hoo)t to be by hrm kept for that purpose, £$• 

1790, c 14, $ 4. . For each petition for correcting errof 
in 9 grant or mesne conveyance, 5s. 

1792. RtsplvtioA. For, affixing ibq seal to eve*y it* 
Strument of writing «that may require the saifte^ 2s. 6d. 
\ 17$2> c« 9, $ & Fjm% every proceasioncr's xertifiesif 
«> recorded, lo be paid by the proprietor of the land, 2s. 

1796, c> f, § 13. For ewy search t>f the cdtry-taker'* 
.took in his possession^ Is. For the copy of every locatibn,lf» 

1?97, c 16, J§ *• For issuing wan-ant, granting a certifi' 
cate, and affixing the seal of the county thereto, as directed 
by 1796, o 7, $4, Entries 40, the sum of 4s. and no more, 

1798, c. 10i. For tavern licence and bond, and furnish 
, ing a copy of she tavern rates, 8st 

1 W6, c* 11» For an account taken, die save as clerk 
jand master ia equity. 

XV. 178^, o 7, § 4. Fof every search. 8d. For r* 
blistering every ^tfref instrument of writing than a deed, 
or grant, 4s. 

179,7, c. 45, $ I*. & ov registering each deed or grast 
where the conveyance is only for one tract of land, includ- 
, ing the certificate. thereof, ,4s. If the deed be for the con- 
veyance of two or more tracts, the sum -of 4s. for the first 
tract, anfl 1%. for every other tract mentioned and described 
in said instrument, and in like manner for all copies exs* 
,cuted by him. 
• 1317, c 16, $ 4. For registering divisions of land, far 
f . && Jot, Is. and the s&fie for every copy ihcreoC 



mmmmm 



mmjmmm 



M««|i 



i 



1 



tfVt. if 48, c. S t $ 1, For every indictment lb unci, df - 
presentment made, 26i. 8d. if the bill be found ignora* 
aw, then the* prosecutor shall pay Ids. 4cL 

* » . 

. XVIL 1784, c» 41, $ 2, For prosecuting for the state* 
h toy of the comity courts in any matter civil qt crimi- . 
>al, the $ame fees which are by law allowed ca the attor* 
tcy-general for (he like' services* 

M»l2pnea-«B*xitAi» , ' 

"XVIII. 1790, eta* $7. The same allowances and 
fcesassbe Attbniey-GeDeraL ' 

SIX. it ©4, cj 7* $*. For attendance qf a constable ' 
tvery cttart when summoned by the sheriff^ 8s per day* Fen* 
whipping a negro by order of court or any justice, 2s. 8 d. ' , 

if94, c. 1&, §4— 22* For serving every warrant, to 
the. constable orfottabr bfficer, for each person named 
therein*,' 4a* For summoning every witness, 3s^ For every 
•xtcutton, 4s, For every attachment levied. J>s« For every 
i hsil bond, Is/ Constable for serving any person who fails % 

Id give in his list of taxable* in due tiriris, 2s* For serv- 
kg notice on bail, 4s« ' ) 1 

» • t ' . . fcdioxtfc, , 

t * • 

XX. 1784, t. 7 y ^ t* Vor attepding od eVctyjnqu.e0fc) 
54*. and the same fees for dtstharging the duties of a. 
kheviff as such sheriff would be entitled to by this act fyt 
, performing the same service* * , , / ' 

| 1804, c. 22, $1* Whenever an Inquest shall be hel(J, 
[ Ae treasurer of the county wherein the same majf happen* 
shall pay off the cost ana charges of the same out of the 

touaty jodanks. ' - , 

f • ~- 

eomnsnoOTit or .jrrtDAYm. t 

 XXI. 1794, c» J 3, § 4. 'for every afgdavU tafcwi and 
W/ified, 4s. * ' |% 

XXII. "1 ,706, <?. 14, $ 4, & 1806,^ c. t t $ i7. For evcTy 

suit in equity, 101.. For eveiy suit in the superior of 
'county courts, wheve the title of hinds shall come ii* ques* 
tion, 5)* For all other suits in the superior courts, on the. ' « 
I law- side, arid all other suits originally commenced in the 
eouqty courts, 40s. , . . * 

In every appeal Jgrom the judgment of 9 juptiqt of the y 

f«att t? the county, court? 20s. . 



It! .' ; '^4- '"•'■. 

kXlV« 1803, C. 22; $ i. For itisptcVing, mrning u^ 
coopering, fiadwg nails, hoo^s* antl issuing a note, far 
tVery waggoned hogshoad, fa# and for' each and every 
tolled hogsnead, 8s* and no more. ' For inspecting trans* 
ftr Tobacco, at the rate of 6d. per lOOtb. 

TOBACCO $JCK.n9. , t ' 

. # XXtf: For every hundredweight picked and prized, 

{fn* fifteenth part* - s * 

CLXUX MIA XAVtBB tii XffflTV. •' ""' 

XX VI. if 87* 6. 22, §3, Fqr a report oh an antfwetf 
&$. on a plea and answer, 4s. on a demurrer and^oswcFf 
4s. j For an affidavit to an answer, Is; 6d. ; For an affi* 
jjlavit to a bill, l*fr 6d. ; For a separate affidavit,^. ; For 
-a copy report by the offiedcopy sheets containing nineif 
jppn/*, 2s. ;' For copies of proceedings and clempHfica> 
tions, copy sheet, 2s. $ For taking a bond, is. 6d* ; Fofr 
fctery rule given for service, 2s; 6d. t For^everv rule not 
•" for service, Is. 3d. j Fur every sUhpoena/ writ or other 
brocess, 10s; ; For every dedintua-or commission, *5&. 4d. I 
For every injunction, lbs. } For drawing decrees, 4*. by 
the copy sheet; For enrolling* a bill or answer, ds.by the 
4 jtopy sheet i For entering a plea or demurrer, 2s* ;- For 
recording depositions to perpetuate testimonv by the copy 

* $heet, 2s. For search, tsv For every discission, 3s. 

1"93, C. 16, $9. Foma report stating an account as- 
fhuch as the court rtiay ip discretion think adequate to 
khe actual labor and trodble bestowed, not exceeding 25l. 
and the .master shall in $\\ ca*es give^iiotlce to the party 
|iable to pay costs of the time that he will mora the court 
to tax such costs as may arise on the reference of account** 
\ > 3For taking security on a leading process. 2s. 1 For record- 
ing such from}, 2a, ; For affixing the seal to any writing 
^eqtiiring the s^me, 2$« 6d. -\ . 

* XXVIt. • 1791, C; 14, $ &. For each barrel of flour, 6<h 
1791. C. 14, § 7. For every barrel of pork or beef, 
fcs. ; of rice or butter, dd, ; of fish, 4d.j-of pitch or tor* 
pentine, 3d, ^ each Hundred of staves or heading, 3d. - 
every thousand shingles, 3cH ; each thousand feet of 
boards, pl«nk or scantling, Is. ; each barrel of tar 2d. 
And the. fees of inspection shall in All instances be paid 
by the purchaser or exporter of the articles inspected ; 

* tut when tbe purchaser and seller agree qjv the di«pos4 
$X exportation of any shingles! staves, Ktading) board** 



u$ 



•laalt at scantling, thejr shall and may Inspect the same, 
without calling in *he aid of any inspector or inspectors 
Whatever, 'Nothing herein shall affect contracts hereto* 
fore entered Into for staves, shingles, plank ov scantling. 

XXVIII. 1.792, C- 9, § 8.'' One half the feesdirected 
by law for surveying • lands to be- paid by the proprietor 
tftheiand. ' ' -'**.* 

XXIX. 1794% C* &4,$ i* For each and every pair of 
feed-yards, weights or measures by them stamped or. seal- 
Id, 1** 6cU  -. . v " ^ • 

'. XXX. 1815, C 6$* § U After th* fcassing\oF this 
tut, the. jailors o< every tounty*in this state shall be enti- 
tled ta receive for finding edch prisoner fuel, oner pound 
trf wholeQume; bread, one pound of good roabtecl or boiled 
fcsh r and a sufficient quantity of water, and every neces- 
sary -attendance,, thirty cents peir day and no more* 

\81T> C 12, § 1. The Courts of Picas and Quarter 
Sessions of .the several* counties withife this state, be and 
ticy are hereby ftuth6rised and empowe red,. whenever 
,they shall deem it-expedient, a majority of the- acting Jus* 
tkes being present, to increase the/ fees of the jailors of 
their respective counties 1 ; . Provided xht same does not ex* 
cetd fifty per cent upon the fees now by law established* 

§2. Whenever any county court shall increase the 
jailor's fee* of said county, they shall cause the same tar 
be recorded, which sum Shall not be altered within pn# 
year thereafter* , . 4 * v 

V- • • . MtOTS AT o£l> TOPSAIL /" 

• XXX L 1798s C; 38. T%t same sum Tor the pi1otag6 
fli-snch vessel from the outside of the inlet and into Bogue 
road or ShacklefordV road, a/ the option of the Comman- 
der, as -is established by 1794/ c* 26, for the pilotage of 
vessel* of % similar si&elhim the outside of Occacock I?ar t 3 ^ 
9oo Beacon-island rpad or Wallace's- channel. 

lttQ-ti weft decicoot, 1» '* . 

XXX! I. Into Wallace** channel or Beactfn Island 
toad, lor any vessel drawingfless than eight feet, five siU 
ver dollare-Hfbr all vessels drawing eight feet water and 
less than ten, skc-elghts of a dollar per. foot, and for all 
Vessels drawing ten fee* water and upwards, one silver 
dollar per floor, for' brihguig such vessel from outside of . 
\ht bar, and upirfto WallztctV chimnsl or Beacon- Island k 



»8eep& 
32. 



foitfy qf tfte option of the commander of such te&et atfi 
the sanit pilotage out as in ; and that ia all other respect* 
the pilotage shfill remain the same as established by 1794, 
e. So, wAicA it a* fellows, to wit: For eTery vessel oi* 
Vessels, drawing any df aft of wfctef under eight feet, from 
the outside of the bar into Beactib-Island road or Wal- 
lace's channel, at the option of the commander, five silver 
dollars ; of eight feet water or more, and under twelve* 
five-eighths of a dollar -pet foot ; twelve feet water or 
jrtove, one dollar per foot* and the tame fee* out over the 
bar a^ Jnv Fo* every ship or vessel over, either of the 
Swashes, two dollars* For every ship or vesselfrom. the ' 
jnouth of the Swash t* either of the ports of Newbem or 
Washington, drawing any draft of witter, one dollar ptt 
ibou For every ship or vessel ,from the mouth of the 
6 wash to the port of Edenson, twelve dollars, and to the 
port of Camden ten dollars, atyd the same allowance dew* 
* *" , us up* , * 

XXX^II, tab% C. 23; f I. All bmehjritots legaUy 
authorise*} by the commissioners of either of the ports of 
* Washington, Erdenton or Newbem, to tak^ charge of ves- . 
tele to bring in over Oecacock bar, and over either of the * 
/ t Swashes, shall- fee entitled to demand atid receive of die 
commander of such vessel or vessels as they may have 
charge of, the following pilotage, to wit ; For every vessel * 
or vessels of sixty tons' burthen, from the outside of the 
|>ar, at any distance within the limits of pilot ground, to 
beacon* Island road or Wallace's ^channel, six dollars; 

4 and, lor all vessels drawing eight feel water and lees than 

. twelve feet, one dollar per foot ; and for all vessels draw- 
tng twclveJeet.or upwards, ot*e dollar and twenty-five 

* tents $>er foot) andbtwo dollars for e^kh vessel over either 
of the Swashes* < And in all other cases, the pilotage to 
retniin the' same as established by an act of the General 

^ Assembly passed in the year: 1794* Provided afatoyt, 
that no vessel less than s'utty totjs^ burthtfi efeall be com- 
felled to take a pilot* , v 

XXXIV. 1 794 % C. 28, $ 2. . For every abb or Vestai 
drawing eight feet or less,.from*tho outside of the bar to 
the anchorage at ShacUeford's Banks or Borden's Banksj 
5s. per focf, tor every vessel that draws more than 
eight fept, 3s. 6d. . ' 

?ito7» ovsa sown. \ 

. XJCXV, 1792, C. 24, $ %. For bringing every vessel 
4»t»th« inlet drawing lf&* than seven fcet, free* tfcp oat 




88* 



fide of the' bar to the anchorage before the town, or die 
/customary place in Hill's channel, 5*, per foot* For every 
vessel drawing more than seven fe«t, 7s* aftd the tame {eof 
/or pilotage outwards as inwards*, t * 

, aratm »f*n* at caj^s viab* 

XXS YJ* 17t6 9 C. 56, $ 9- All demands /or fees due 
to pilots of the said river, not exceeding 2Cil. shall be re- 
coverable before a justice of the peace against masters or 
aommendara of vessel*, whpse Jaonds entered into at the 
javal office nay be pot in suit for said pilot'* fees before 
such justice, jvho, on due proof thereof, styAl enter up 
judgment for the pune, and issue execution therefor im~ 
mediately ; the party cast may appeal jo jthe nest county 
tourt, where such judgment shall be h**d i* favor of any 
(Sot for fees 4uc him : if the defendant shall appeal, and 
the judgtoent of the justice shalli>e confirmed by she. said 
aounty court, the defendant appealing shall be Adjudged by 
the said co*irt, to pay 4^aiages to the plaintiff in s such case 
equal to one half 4ie spaount of (be .payment iut appealed 
Irom. 

XXXVIJ. ,17*0, C.8,§2,S* JFor tsr^ry t^sael from 
'Port Johnston to Brunswick* not drawing above six {feet 
pater, 21s* For every vessel. drawing above aix feet, ant} 
not exceeding *even feet, 28s. 6d, For every veasel above 
seven, and. not exceeding eight, ?5s» above eight, and not 
exceeding nyncieet, 29s* apove nine; and not exceeding 
lea feet, 33s. 4d* above ten, and not exceeding eleven 
w, 37s« Od. above ek\en, spid notexceeding twelve feet, 
4**- tOd» above twelve, *ad not exceeding thirteen feei, 
*4s* 2d. above thirteen^ jtnd not exceeding fourteen /eet, 
•2s. 6cL above fourteen^, and not exceeding fifteen feet, 
Tjps. JjOd. above fifteen, and not exceeding sixteen feet, 
79s. td. and the same rates from the Flats to . Wilming~ 
tea, and from Five Fathom Hole .to Brunswick, and from 
Brunswick to the Flats, each one-hatf of the same rates. 
Tne saiqe rates of pilotage shall be paid for vessels going 
down the river as for vessels coming op. 

'XXXVIII* If any vessel deepens o* lighten* between. 
Wihningteu and ^he Flats, ther Flats and Brunswick, qr 
ectwecn Brunswick and Fort Johnston^ the pilot shall be 
Osid for tho greatest draught of water, and shall besides 
ieJentitled to demand at the rate of 12s. 6d. per day fcr 
every day he may be delayed in loading or unloading 
«)ch vessel, in which no fraction or part of a day sh^H 
tej}brw«dprde4*c£9d» * 



w*m^^^^^^^~ ii i ' "   w w, 



' " %4R *U*TB OF €A*B FT1S* * 

XXXIX. 1796, c> 31 t $ 2. For brjngjnff vessels OV(f 

-v |h* mam bar, and mooring them at Smithwllr (if mooring 

be pc quirt d) and for bringing vessels over t the bar of th* 

sew inlet, and mooring them ^t Five Fathom Hole (ft 

fnoor'mg be required) and the same for tajcing vessels out 

* to sea* -from Smithvilie- and £ivc Fathom JJ^le, for every 
vessel not tirpwijig above six feet, 42s, 64 above six, anc} 
not exceeding sevetrfeet, 45s. 6d. a^ovc seven, and not 
exceeding eight feet, &Q». above 1 eight, and not eXceedmfc 
June feet, 59$,. above nitfe, and not exceeding ten ieet, 67s. 

• jibove ten acid not exceeding eleven (eet, k 75s. aboy« eleven 

# ftud pot exceeding twelye feet, 90s. above twelve and nc£ 
exceeding twelve and an half feet sU above twelve and ail 
' half ao4 not exceeding thirteen feet, Si. Tb. abc^re thir« 

• tee* and not exceeding thirteen and. an half feet, 5l. 15st 
flbove thirteen and an half and" not exceeding fourteen i*.et 
6U 4s. aWve fourteen and not exceeding fourteen and aa 
balf feet GU 13a. above fourteen *rfd' an half and not ex- 
ceeding fifteen ieet 71. 2s* above fifteen and not exceeding 
fifteen and aa half feet} t\ f !4t» above fifteen and an balf 
and not exceeding sixteen feet, 8l> 7s> above sixteen ana 
tkoi exceeding sixteen and an J*alf feet, 8t. \ 8s» above six- 
teen and an half and not exceeding seventeen feet, 91. 10s. 
flbove seventeen and dot exceeding seventeen and aa half 

* feet, 101* 8s. aboCe seventeen and jm Jfalf feet and not e%» 
feeding eighteen feet^llJL 4s. sjsove eighteen ana^not ex- 
ceeding eighteen and an half feet, 121. above eighteen an<{ 
an half ajsd not exceeding nineteen feet, 121. 16s. above 

. nineteen and not exceeding nineteen and an half feet,' 13l« 
.18s. above nineteen and an Jiajf and not exceeding twenty 
feet i $L above twenty at jhe rate,of 4s. for every inth in 
addition to" the said 15l. - 

*r)TT0TZ*}g. 

XXXX. X 1778, £• *? y $ 2. for parrying by license, 

* 20s. by baxfes, 10s« Scaled 4s. and 2s. 

• XLI. C# 7, $ 6. tor thric* publication of banns, and 
giving certificate, £s» by the .scale, £s. 

#11. C 19. V 
7t-s to be ^f LH. From and after the passing trf this act, til ft** 
collected which now are or hereafter may become doe to the clerk 
^ommcrtc- °* **? court of record within thiss'ate; or to any sheriff 
*i iji tbrce ° r other officer, by sentence, judgment of decree of 48? 
>*«*: court afcreaaid, the aame shall be collet t*d, or suit coy 



\ 



• « 



 I    V ~-^»w— W-^^^^W 



FEME COVERT. $3£ 

pieaeed therefor, within three years ,froru the parting of 
this apt, or within three years from the time of such judg- 
ment rendered, without an execution issued thereon, or 
within three years fr6m the issuing of the last execution, 
and not after : Provided nevertheless % that this act shall An €t&9$ 
not extend to fees which may be due and owing f«pm per- tion - 
tons residing out of this state ; any law, usage or custonqt 
to tKe contrary notwithstanding* ' # 

1812.. C.1*. *.• * 

XLII, in the payment of fees to officers of whatever 
Mature or kind, dollars, and tint parts of dollars, shall always T*>Hari 
be valued at the rate of ten shillings lor the dollar ; .And JJ iJ^* 1 ** 
that any officer receiving dollars or parts of dollars at a 
less rate shall be liable to all the penalties of extortion. 

5ee Administrator* and Executors* Attornies, Entr> -taken and Surveyors* 
Insolvent •Debtors, Inspections, Justices, Powers of Attorn y, Prisoner* t 

Prisons and Stocks^ Procensioners, Runaways* Slaves* Taxes, Tqbaceot 
Tiw. • 






SraMECeVERti ^ 

1751. C.3. " • 

I. § i. All conveyances in writing, And sealed by p^fy ^ 
bosband and wife, for any lands, and by them personally amined by 
acknowledged before the chief justice,* or in the court of c . biet j u *r 
the county where the land lieth, the wife being first pri- JJJjJJS 
V3y examined before the chief justice* or aome member eo.frt 

of th/ county court for # that purpose, whether she 4oth* Se * **P*¥ 

Voluntarily assent thereto* registereg according to the di- ri( ^ r - c ^ urtw 

rectkms of the laws ^f this province, shrill be valid in law 

to convey all the estate and title which ^uch wife may or , 

shall have in any lands, tenements or hereditaments so 

-conveyed, whether in fee simple, right of dower* or othec 

•state, not beiirg fee tail, as if done by fine aftd recovery, 

or any other ways and means whatsoever, .• • ■* * 

II. § 3. JWhcre any such conveyances %* aforesaid shall *fty cojp> 
be acknowledged by the husband, or proved by the ,bath *i»"»i 
of one or more witnesses before the ohief justice or county 

court, where Ae* land lieth, and it shall be represented *o 
the chief justice ,<$* county clurt aforesaid, that the wife 
is £ resident 4of any other county, or so -aged pr infirm 
that she cannot travel to the 'chief justice or county court* 
to make such acknowledgment as aforesaid, it shall ana . 
may be lawful ,for the chief justice or county court, by hi^ 
or their order, to direct the clerk of the coutity court 
where such land lieth to issu^a commission to two or mo.r$ » 
commissioners, for receiving the acknowledgment of any , 



234 " FEME COYEKT. 

deed of guch feme covert for passing her # estate id any 
lands, tenements or hereditaments ; and such deed acknow- 
ledged before them after they have examined her privily 
and apart from her husband, touching her consent an(l 
certified hy the county jcourt to which the commission 
# shall be returnable, shall by order of the county court be 

registered, with the commission and return, and shall be 
as effectual as if personally acknowledged before the*chief 
, * justice or countv«court by such feme covert. 
4 III. §4. Slich commission shall be in the following 
form : * 

State of JVorth-Carothw, County, 

' . To A, B, C, D and K, greeting : 

Form of Whereas FG hath produced a deed of conveyance made to bin 

commis- fron\ H I and K his \vife, of a certain tract or parcel of land lyinr 

8ion, and being in the pounty of in the state of North-Carolina, ant 

procured the, same to be proved or acknowledged by the said H I, 

before I K, -one of the judges of the said state (or in the court of 

oar county of C, a* the case m,aybe)and it being represented to the 

said judge, e£ to our court, that K, wife of the said HI, is an in* 

^ habitant of the said ttfate, or of or « 6(* aged and infirm (hen 

as thecatemay be) Co tha^ she cannot travel to the said judge or 

* co'.irt of our said county .of to be privily examined as to her 
free consent in executing the said conveyance : Therefore we com- 
mand you* or any two of you, that at s*ch certain day and place as 
you shall think fit, you go to the sakl K, if .she cannot conveniently 
coinutovou, and privily and apart fcona -her husband, examine heir 

^ the/ said k, whether she executed the said conveyance freely andVof 

^ ' hen own accord, without fear or com pafei on of the said III, her 

husband; and the ^xaimnation being fttstiafctly and plainly -wrote 

on the said deed, er on some paper annexed thereto , and when yo$ 

» ,sliall have so taken the said examination, you ate to sead die same 

closed up,, under the seals of you, or any two ofyou, -together witb 

• rthis writ, unto our said court, to be held for the said county of C, 

on the Monday m next ensuing, in the year of our Lord, 
.Witness LM, clerk of our said court, at the day of 

aoiioiioiuuii _ JL AJ. CUl C. 

* IV* § 1. All conveyances which may hercfafter bemade 

aitorTevui ^y an y P erso ? lmc ' er a P ^cr of attorney, froip any fcroc 
convey,' covert residing without the state* by her freely executed, 
jointly with her husband, shall be held goo4 and valid to 
«n intents and purposes, to pass .the estate and title which 
such feme covert may have In such land*, tenements a,nd 
hereditaments within tbisstate^a? are mentiofted or includ- 
ed within such powe,r of attorney, whether in fee simple, 
- tight of dower, or otherwise. Provided nevertheless, that 
every such power q£ attorney, shaft be separately acknow* 
fedged by the fenlecovert exeCntiBjg the same, and duJf 
proved as By the laws existing deeds of conveyance by 
impe coverts are required to be ^acknowledged and proK^ 



I 
I 



t" 



*EMB COVERS # 335 

1810. C. 9. < 

V* $ 1. Wtere any Conveyance for lanfls in this state, Maimer »h 
! Aball be made by husband and wife residing in any of the which the 
1 United States," other than this state, or in any of the tcr-?^ no ^ - 
ritories of the United States, and by them personally ac- f fCmeid- 
knowledged before someone of the judges of the courts of verts shall 
supreme jurisdiction in said state or territory ; oi\ where beta ***? 
the wife shaH personally acknowledge such conveyance tll^if.s. ' 
before two or more commissioners duly authorised to take 
such ackno\/ledgtpent, under a commission issued from 
some court of recbrd in said state or territory the wife 
being first privily examined before sard judge or commis- 
sioners whether she doth voluntarily assent thereto, and . 
an attestation of such acknowledgement endorsed on or 
affixed to said 4 deed or commission by the said judge or 
commissjpners, and the certificate of the Governor of the ' 
said state of territory duly authenticated and annexed to 
said deed that the jodge before 'whom such acknowledg- 
ment was taken was, %t the tkpe of taking thereof, one c of 
the judges of the courts of supreme jurisdiction in said state 
•r territory, or {hat the court which issued such commission 
is a court of record, and the person signing said commission ' ' « 
is clerk of said court, such deed shall, upon* being exhibited 
to the court of pleas and quarter sessions of the county where 
sock lands lie, or one of the judges of the superior courts, 
be ordered to be Registered, with the certificates and com- 
mission endorsed thereon* or annexed thereto ; and when 
so registered, shall be valid in law t§ convey all the es- 
tate and title' which such feme covert may or shall have 
in any such lands, tenements or hereditaments so convey* 
•4, and shall b* received in evidence in courts* of law .and 
equity, without further proof* • 

VI* $2. Any deed for the conveyance of lands in this How ta* 
Mate, ob any power of attorney to convey lands in this ken when 
•tate, made by husband and wife who reside in foreign J^JJJ* Ml 
parts, or without the limits of the United States, which parts. 
shall be personally acknowledged before the mayor, dr 
•ther chief magistrate of jany city, town or corporation, 
the wife being first privily examined by such m&yor or 
chief magistrate, whether she doth voluntarily assent there- 
to, and an attestation thereaf endorsed thereon or affixed 
thereto, shall, upon being exhibited to the court of pleas 
and quarter sessions of the county where such land lies, 
•r one of the judges of the superior courts of this state, 
he ordered to be registered, and shall be registered in 
the same manner aa if such deed or power had faeed pro- 






lie, 



ted or acknowledged in open court of the county vfcert 
ihe lands lie, and shall be valid in law to paw the estate 
and title of the wife to all such lands t tenements and he« 
Teditaments, so conveyed or to be conveyed ; and what 
registered as afortsaid, shall be received- in evidence, 
without further proof, 
flbtftto*- VII. §3. Any power of attorney to convey lands in 
j^j^j^this state, madefy any person or persons in foreign pprfr 
in foreiprt which, shall be personally acknowledged or proved before « 
Wrts gthall the mayor or chief magistrate of any city, town or corpo* 
ft preyed, ration, andyftn attestation thereof endorsed thereon or af- 
fixed thereto, shall, upon being exhibited to the court of 
>leas and quarter -session^ of the county where the lands 
or one of the judges of the superior courts of thin 
state, be ordered to be registered, and shall be registered, 
in the same manner as if such power h?d been proved or 
acknowledged in open court dt the county where (he lands 
lie ; and when So registered, shall be received in evidence 
in arty of the courts of thk<6tate 9 without further proof of 
the execution thereof/ , 

i816. C v 32. 
titled VlH. $i. The provisions of the act ftf taking th* 
•Jo the d>s# examination of Feme Coverts in the several states and 
$f ict of Co- territories of the United States, touching the conveyance! 
WW* f laufa j n this state, are hereby extended to the district 
of Columbia ; arid that the same modes be there observed 
for taking and certifying such examinations as are requi* 
red to be observed fc the states and territories, except 
that instead of the certificate and authentication of the 
governor, the Certificate and authentication of .the secre- 
tary pf stated the United States shall be required* And 
. fcU examinations of Feme Coverts so taken and certified in 
paid district^ shall be as valid to all intents and purposes 
fts if taken and certified according to the said act, in oat • 
Qi th$~#tates or territories* 

§ee Abatement, 

frENCES. 

; .'. trrr. c.%% 

fffeigfet of '*• 5 2. Every planter shall make a sufficient fence about 

f$fl?f» his cleared ground under cultivation, at least five feet 

high, unless where some navigable stream or deep water 

course shall be, that may be deemed sufficient instead <rf 

| fcns* afpresaid* 





tl/<Aj M^ &^. 






« V 



It. $ 3. Upon complaint tpade by any person to any Remedy » 
Justice of the peace of the county, of any trespass or da-ford*" 1 *- 
magesdone by horses, cattle or hogs, it shall ?nd may be f^J^" 
lawful for such justice, and he is. hereby authorised and 
required to cause to be summoned two freeholders, indif- 
ferently chosen, who (together with himself) shall view 
and examine, on oath whether the complainant's fence be 
so& lent or not* and yhat damages he hath sustained by 
means of the trespass, and certify the-eame under their 
Hands a^d seals) and if it shall appear that the safd fence 
be sufficient, then the owner of such horses, cattle or hogs, 
•nalLiriake full satisfaction "for the tresspasser damage to 
the party jnjured, to be recovered before any jurisdiction 
having cognizance thereof i but it it shall appear that trie * ^ 
said* fence be- insufficient,* then- the owner of suc'h horses, 
cattle or bogs, shall jiot be liable to make satisfaction for 
such injury or damages as aforesaid- 

IIL $ 4. If any person, whose fence shall be adjudged Damages 
insufficient, shall, with -gun, dogs or otherwise, unreason- to «*ock« * 
ably chase away, Worry, maim or kill any horses, cattle or <- 
hogs, or cause the sanaf to be done, such person so offend* 
ing shall make full satisfaction for all such damages to * 

tke party injured, to be recovered as. aforesaid* , 

1791. C.26. ' \" * 

IV. $ 1. All persons neglecting, chiriug crop time, to Liable to 
keep up and repair their fences in manner directed by i ndict * 
1777, c% shall be liable to* be indicted in the court of JJ^JJ 
the county wherein sucb4ie4d shall be situated, and upon ing up fov 
conviction of such neglect, shall pay for each offence such ce§ * 
fiae as the court shall think fit to impose, not exceeding* 
fifty pounds^ which shall go to the use of the poor of the 
county wherein the recovery shall have been had, the con- 
curring ^sttrpony of three indifferent witnesses shall be 
necessary to conviction* 

V# §2. If any slave hereafter shall lull any cattle, hog Punish* 
or horse, not belonging to bis master, in any cultivated ment °£ 
field, which is not fenced at all,.or which is not under auf^Jj* ot 
ficientand lawfal fence, be or she shall at a fry time with* stock. 
in six months after be liable, to be apprehended on a war- 
rant from any justice of the peace of the county, and on 
conviction before two of the neighboring justices shall be 
•abject to tad receive thirty-nine lashes on his • or her 
bare back ; and ih* owner or overseer of such slave so 
ofcndmg as aioreadid r shall on. proof of the offence com* 
inktedby sijkk, slave, pay such damages as shall bo ad 4 " 
jPMgfid to have beftt mstatoed by the ojraer of ike hog# 



I4.HII# IJL J » i    I »K3S-i 



« . 



I 

*ERR1B9. 

horse er cattle so killed as aforesaid, by any jurlsdiefioi 
having cognizance thereof. * 

FERRIES. 

1764. C. • 

be If any person or person* not empowered to keep afe*-« 
J h - ry, shall pretend to keep any ferry % or to- transport any 
* person or person*, or^their effects, for, pay, within ten 
miles 6f any ferry (being on the same river of water) 
trhic^h is already or hereafter shall be appointed* such per* 
son or persons so pretending to keep ferry or tcadsport* 
ing any person or persons, or their effects, sfeaU forfeit 
and pay 30s. proclamation money for every such offence 
tp the nearest ferryman, to be recovered by a warrant 
from any justice of the peace* upon, lull proof thereof 
made before him* 

1779. CIO. 

to It. § 8* The justices of each county shall once a year* 
^ or oftener if necessary, after the first court* to be held af~ 
ter the first day of January, rate th£ prices of aOxh knit* 
as shall be kept within their respective counties, 
ty III. $ 9« Any ferry*keeper who shall ask, demand or 
lff receive a greater price for ferriage than shall be rated by 
the justices according to the directions of this act, shall 
id forfeit 50M,for every offence, to be recovered by the in* 
former to hte own use, before any jurisdiction having 
cognizance thereof* ' * *  

f or IV. § 14. If any person or persons who live at or own 
>. public ferries in this state, shall refuse to keep op such fer- 
ry or ferries at the rates allowed them by their said coun- 
ty courts, every such person so offending, shall for every 
offence forfeit and pay the sum of 501.* to be recovered 
by any person suing for the same, to his or her own use* 

1T8*. C. 14. 

<o V. $ li From time to time and all times hereafter the 
r " Courts of the several counties In this state shall have full 
13* power and authority to appoint and settle ferries. 

VI. $ 15* Hie coarts of each and wety county in this 

. state, shall compel nil persons that shall be appointed te 

*° keep public ferry, or who shall own a bridge receiving toS 

^ within the said counties, to give good and sufficient seen* 

rity in 6001. payable to the chairman of the said county 

court and his successors,* with condition that he or they 

shall and will constantly find, provide and kelp good and 

•vifficieur boats, or other proper crafts, sjnl keep sajb 



i 



I . 



' \ 






i 



90R1UE8. £gg 

fcridges tii good repair, as the case may be, and always tQ 
be veil attended for travellers or other persons, their hor* 
jses, carriages and effepts, qver any river or creek; and if 
any person shall receive damage by Any ferryman or keep- * 
er of a toil -bridge, not having complied with the condition 
of his bond, the person receiving such damage, shall and 
may bring an action of debt against such ierryman or " ' 
bridge-keeper oa such bond, in. the name of the chairman, 
aad recover for the oon performance Qf (he said condition, 
jo much damages as he, she or they shall appear to have 
sustained, and thereupon take out execution for whatever 

. shall be so recovered, and apply the same to hi?, her pr 
their own use ; and it shall and may be lawful for any per* 
son detained a* gny public ferry by reason of the ferry* 
man's not having sufficient boats or other proper crafts and ' 
hands, and by neglecting to do his duty, by a warrant frorn 
a justice of the peace, to recover of such ferry wian pi, for 

% every such default or neglect, provided that any such re- 
covery shall not be deeined to b#r any action for personal 
damages suffered by any person or persons by reason of 
the insufficiency of said ferried /and t>oats thereon, and 
fridges suid causeways^ 

1787. C. X6. 
VIL $ 1. Such person or persons *s may contract for Mallear/ 

. riding post, or {or cartying the mail in stages, shall be an- f' ers n1 */ 
thorized to keep ti boat, and to employ hands, for the sole ^^ ^ 
purpqpe of transporting the public mail and such passen- 
gers as may travel in the same, across any ferry or ferries, 
without let or hindrance. Nothing herein shall be so con- 
strued as to authorise th,e contractors for riding post or 
for carrying the mail by stage, to transport any other pas-. 
sengers across at public ferries than such *is travel by th& 
stage/ AYid no person or person? shall. t>rete»d to trans* 
port any other passengers for pay at a .public ferry, unless 

• lie or they are.du4y authorised 90 to do by the court of 
the county in which the ferry may be, or <pf the county 

from which the .passenger in^ay be carried, under the pe- 
nalty of A* for /eve/y. offence, to be recovered before any 

justice of the peace to jhe use of the person who may sue 

lor the same, subject nevertheless to an appeal by the par* 
ry grieved IP the county court- 

% f " 1806. C U. ' m 

•»VUL $ 1. In all ca$es where the proprietor of arty t?2w>t;<- 
ferry shall prefer building a good and substantial bri^fc tors of fer 
jtver any water, course, instead of keeping ferry, he shall * : ** J"**. , 
Mt & liberty t# do so, under the same rights an^ii cIi-J?,^ ^" 



tame manner by which the ferry is claimed and held, and 
under the same rules, regulations and restrictions of othef 
toll-bridges heretofore established by lrtw : Provided never' 
theless, that no more toU shall be demanded lor passing any 
Tort not to t, r j(]g C erected in consequence of thjs act $han is granted 
ih-lnfc*f ty law .for the ferriage, unless, by' agreem en t with the ' 
v\*£?. county court, who are hereby authorised te grant and ad- 
vance as far as twenty-five* per cent, and not more : And 
provided furfur y that in all such bridges, the proprietor 
shall erect a draw where any water course is 1 frequently 
and commonly used by sea vessels or masted -boats of 
considerable burthen* 

1813; CA8. • , 

County. IX. § 1. County courts of pleatf and qtt&rtef- • session! 
court -not s ^\\ not appointor settle any ferry, or order -the laying 
or bSae" 1 out °^ an J 7 public road, or discontinue or*alter such road* 
ferries nor as now iu*e*or shall hereafter be made, unless upon the 
lay out any petition in writing of one or more persons in the said 
£^. lu ? court filed, and unless suih petitioner or petitioners shall 
make it appear to the v sattsfaction of the court that all and 
every such person over whose i&nds the said mad may 
pass, or whose ferry theretofore established shall toe with* 
i in two miles of the place at whkh the said petitioner mar 

pray the court to establish a ferry, shall have had twetjtf 
days notice of the intention of filing said petition, the 
court shall cause the said petition to be tied in the cle A*i 
office until the succeeding conrt^ and' notice theteoiHoi* 
posted during the same period at the court-house door* 
at which court the justices present shall hear the allega- 
tions set forth in the said petition, -and if sufficient reaso* 
be shewn, the court shall have full power ami 'authority 
to appoint and settle the said ferry ortb order t^e laying 
but, or to discontinue or alter the said roads as the case 
ihay be, in the same manner and under the same rules* , 
regulations and restrictions as in tHe said afet contained. I 
Appeals X, $ 2. If any person or persons shall 1 be q!issadsfie4 j 
.maybe w ith the judgment, sentence or decree, which the etmrt | 
* uU * may pas* or pronounce on said petition, *uch person of* \ 

persons so dissatisfied may pray an appeal to the superior 
court of law, of the said county, but before obtaining the 
same shall enter into bond wiih two or more sufficient se» j 
clarities to be judged of by the said court /or the ftuthfiil • 
prosecution of said appeal, and ' for the faithful pcrfonn- j 
ance of the judgment, sentence or decree of the said so- j 
perior court; \vhich bond shall be made payable to the ' 
personflr persons who shstfl t&Te filed 'siid petition, or t* 



I • 



FiREWOtiD. v . . . t$l 

m 

fetch person or persons who shall have opposed the same 
as ihe case may be, and the appeal so granted shall be 
subject to the same rules and' regulations as appeals la ( 
other cases 'from the eounty courts to the superior courts ; 
and the said superior eoort shall proceed to hear and do* 
termine the said petition, as shall appear right and expe- 
dient. Provided n&erthtle8S,Thfc. nothing in this act Superior 
contained shall authorise the superior court to interfere 2?egulati 
in the fixing or regulating the rater of ferriage, tolls of ferriage 
bridges or the distribution or allotment of hands to work * le *> 
uackt overseers of the public roads- - 

4 »e Petitions \o the Assembly, Roads, Hiinaway% * * 

* "• ' ' FINES* " " ' 

\ 03. All fines* amercements, forfeitures and recoveries^ . 
on penal statuses hereafter to be levied an^ received, ana 
those in the hands of the fete .officers, or^ay of thetn, shall 
be paid tothe clerks of the respective courts where this 
lame shall be imposed., or recovered* and shall by eucb 
ckrks be accounted for and -paid to the. person jUr gerjwo* 
tp whom the same shall be payable $-an4 *U jw»ch fines* 
ttnercements, forfeitures and recoveries on penal statutes* 
as are or shall be directed to be applied to the use of tho 
state, shall by the respective clerks of the £wrts of law 
hereby established, be accounted for on oath, and paid, to 
the treasurer once in every year ; aqd all such fines* amercer 
teeou, forfeitures «nd Irecqveries on penal statutes directed 
tprbe applied to any other, public or county, use, and to bo 
deceived by any other person or persona, .shall be accounted, 
for in like {banner, and paid to the person or persons to 
whom the Same i* or may be payable ; and if any cl.erk: 
shall failor neglect to account or pay in? manner as U by 
this act directed, or shall conceal any money *nr. moftie%* 
which are payable as a fores aid, such failure or neglect srTalt 
be deemed, oa^onvictioa, a tnisbthaviour in pffice* and thf 
clerk so negketing or failing, shall forever after wvt&n be in* 
Capable of holding any office of truit or prjpfit in this states 
•tee ladtetqpats, ttaftgni^ances, Taxes, aad Taiga foe County ««.» * 



* FIREWOOD, 

 17*4. C. 32. 



$*1. All firewood sold in the towns established withla 
this state bylegislative authority^ shall Be sold bv^hc cdrd' 

G % 



-P— 15— '-■^ 5 —  * I. 

• t * • 



£!Sft. 

mS no otherwise, and each cord 4hall contain eight feet irt 
leo&thy fon* foot in heighth, and font feet in breadth,- and 
shall be corded" by the carter or seller, under the penalty 
of 90s* for each offence, to be recovered against the owner 
 or seller, before a titvgle magistrate by a warranty whfck 
penalty shall be to the use of the informer. 

FIRING THE WOODS. ' 
Sep Wood* 

. 4 FISH- 

&^ I. $1. The county courts of pica* and qvwter seasiofft 
^BuSTta shall be and they are hereby empowered to appoint eom- 
appoint tnissiooers to examine and liy off the riYers in their 6oun* 
c ? mmit ^ tjr, and where the river is a, boundary between two 
layoff*^* ••■liee, IP lay off the river On the aide of the county ap* 
v«% her printing such commissioners ; and farther such commis- 
sioners shativ in laying 1 ofl\the rivers, allow three-fourth! 
of such rivers for the owner ot owners of the same, for 
the purpose of erecting stops, dams and stands, and ooe* 
• fourth part, including the deepest fratef of fh$ river ant 
1 creeks, they shall leave open for the passage of fish, mark- 

ing and designating the same hi the best manner they esq, 
mud where any mil? or hmHs are buik across fcny such ri- 
ver or rivers, and slopes are or may be neeessary, coot' 
foissioners shall be appointed as abovn, who *hafrlay t>ff 
such slope or slopes, and determine the length of time 
aoch shall b4 kept open ? and auth (commissioners ahaH 
mid- they jjtre hereby required to return XA their respective 
.county eburts » plan of audi fells,, dams and other parti 
m£ rivers as may have bee* thought necessary to aurvqf 
as above. 
*tnal*&r **• $ **' AH an* every person* of persons, wlujr shaf 
erectiag hereafter erect any ttftnd, dam* weir or hedge, in such 
dam. part of the river as by this law is required to he left open 
fov the passage of fish, or who shall not make and keep 
open any snch slope as the commissioners may judge ne- 
cessity, shall forfipn and pay five pounds for every twenty- 
four houra any person shall keep up, erect, or make any sack 
9lop* dam* aeandy wtar or hedge, or dam op or stop any 
, wach slope, to bo recovered- by any person suing for tne 
same v one-half to bis own Use, the other half to bfe applied 
to the use of die county, either by warrant before a juf» 
tk* of the jpffrf-m to »f oort of law* as the case wmy 
feqpufe* 



♦" 



1796. C.^ 

UL $ I. No person shall set or (iiMett he sft» any j*|J2£* 
net of any description across the "main channel of any na« rgnnriLi 
rigaHe river or creek hi this state, under the penalty of net 
iOi. to be recovered by any person suing for the - same, te 
bis or ber own use, before any jurisdiction having cogniv 
sance thereof. 

IV. $ 2. If any servant or slave shall be gafyty of ^ ^2^ 
aforesaid offence, without the knowledge or coined* ofC? ^ ^ 
bis or her matte? or mistress, he or she so offending, Aac* 
Shall have and receive thirty nine lashes on his or her * 

bare back. • * 

V, § 4. Any person or pejtfons may work or haul their ^ 
aeias across any of tb^riversor creeks as heretofore hf use« * * r 

For private act\regulaimg this subject y in retpect 4f 
[articular ripen and creeks y see acts */> J179S, ch. 30 j 
fr93, ch. 59| 1794, chs. 34, 56 & 80 ; 1796, chs. 78 & 
80; lt99 f filu+&; I798,*t*,97, &c, m . /. < ' 

**'■ # ^7 fOlt&GNERS.* 

, irsa C2& . ^ - 

Any suit commenced in the superior court by or against 
ffxf subject or citizen of such state— ^[ny hi^h hath acknow* • 
ledged oc shall acknowledge the independence of the Uni- 
ted States of America]— shall he* heard* and tried in the 
term to which the process shall be returned regularly ex- 
ecuted, Or so soon aa may he ; and to this end subsequent 
process may issue to compel appearance/ returnabie to a%y 
day in the same t*nn, and rules to bifng the matter ia 
dispute to speedy issue may be given, to expire at any 
shorter time than what is prescribed in ordinary cases. . 
If such suit be, commenced in the county court, it may* 
without any osher reason, on the motion or petition of ei- . 
ther party, be removed hy writ of certiorari* into the so- . 
perior court of tbe district, and the hearing or trial thereof . 
shall be accelerated; by like means, as if it had originated 
in such superior court, and tbe superior court shall deter* 
nune every such suit brought before (hens by writ of error 
or appeal, with all the expedition which the necessary 
forms of their proceedings will ailow. *- * 



* FORFEITURES. 

S^t Fiass, 



» 



$ 44 MtAtJDS AND FR^UDVI-BNT CGNVfefAKCCSL 

» FORGERY. 

J. $ 1. ^rom atkLafter the first day of April next,, i( 
llWfmgft* 11 ? P erson or peirsoo^ of their own Head and imagination 
Aticribed. or ty false conspiracy or fraud with others, shall witting- 
ly and false ry forge or make; or shall cause or wittingly 
aaaent to he fprged or made, or shall shew forth jp evi- 
dence knowing the same to be forged, any deed, kase or 
'' trill, or any bond, writing obligatory, bill of exchange, 
.'- promissory note, endorsement or assignment thereof, or 
any acquittance or receipt lor money or goods or any re- 
ceipt pr release for. any bond^ note, bill, or any other se- 
* Vrftrityfdr the ajfym ent of *Bane$, or. any yrder for the 

, t payment of mwtef or deliv^^' of goods, with intent, in 

• \ *± fcitbefet)r«&hy*d{ the said instances, te defraud* fcny person 

or corporation, ana shall (hereof be convicted, in any of 
the superior charts of law. in this state, such person so 
. .. « offending shall/for the first offence, be adjudged to stand 
Vw'foS * n tha^pilk>ry one hour and f ecaive t&r^n in \ lushes on 
^3t oH'ence nis bare back,*a"nd be imprisoned not less than six months, 
and fined at the discjetion^pL tjje amirfra aod frM^ se " 
?dr second cond offence, Shall, on conviction, sdfier^ani witnx>ut be- 
nefit fcfelergv, ' *  
Act 5i)i if. §2. Doubts having arisen whether an act passed in 
J^W* ^ e fifth y^ ar of the reign,pfElizaheth, entiled, " Ao act 
ySxii against fokgtrs of false deeds an& "writings,** is now in 

• farce, it is enacted, ihat4be jaid act, and every part th«re- 
x of,.is hereby declared to be of no force or effect witMa 

tUis state,* .... 

.; , Sec Tobacco, Marriages, 

forxsca'tipx. 

See Vice and Immorality. 

tffeAtiDS AND FRAUDULENT eONVSYANCES* 

•'■.'-• '1715. C.38. ! 

What In.' *• § #* AM arid every febiTroeut, gift, grant, alienation, 
■liniments bargain and conveyance of lands, tenements, hereditaments, 
\ wd, goods and chattels, or of any of th?m» by -writing or other- 

Vise ; and all and every bond 4 wit, judgment and exc- 

• cution, at atty time' had or made since the first of Jaiwa* 
ry 1714, or at any lime hereafter to be had or made to 
or for any intent or purpose, to delay % hinder or defraud 
creditor* and others of their just and lawful get tens, debts 
end qcccuntS) shall be from henceforward deemed and »• 



^V/fcx 



4* ~/*v £?"!£?£« 



i 

/lUsrfoJ* — £X. <k-C /6&> - **£/■ 



« • 



N 



-  . , 



v 



>» 






._ V 






„ . - V , * 



• * T * . .\ 



"-V- s " 



~\ 



I 
i 



J 



" rAAtrns and prauduli^t conveyances. 345 

ken, only as against that person or persons, his or theft * 
Heirs, executors, administrators <fr assigns, and every of 
them, whose actions, suit, debt, accounts, damages* penal- 
ties and forfeitures, shall release by such covenous or 
fraudulent devices and practices as is aforesaid, or shall 
or might be in any wise disturbed,* <hindeted, delayed or 
defrauded, to be* clearly and utterly void, frustrate, and , " 
of no effect $ anypreience, colour, feigned consideration, 
or expressing of use, or any matter or thing tor the con- 
trary notwithstanding* t 

fi. $ 9. All and every the parties to suoh feigned, co- 
yenous or fraudulent feoffments, gifts* grants, alienations, 
bargain* conveyance, bonds, suits, judgments,' execution*, 
or other things before expressed, and bekig privy and 
knowing of the same, or any of them, which at any time 
after the first Jay o£ August next doming, shall wittingly 
and willingly, put in use,* maintains avow, justify or de- 
hwi the same, or any of them* as trtle, simple, and done, ty. iepeW * 
had, or made bdna fide, and upon good consideration ; or 
* ebati alien or assign aoy land&, tenements, goods or things 
before mentioned, to him or them conveyed, as is afore- 
said, or any part thereof, shall incur the forfeiture of the * 
real value of the lands and tenements, goods and chattels, • 
one moiety thereof to the lords proprietor*,* and the other J^ ^JJ^ 
moiety, to- the; party grieved, and ip tended to be defrauded penalties, 
thereby* 

. 1 1 1. . $ , 1Q. Nothing4ierein shall impeach, defeat or make Comrtyan* 
Toid any conveyance or assurance, interest, limitation of cc *J n 
use^or nses of, in, to, or out of any lands or tenements ^iato 
heretofore at any time had or made, or hereafter to. be 
bona fide made, upon and-fof good considerations, to any 
person or persons whatsoever*. 

IV. § 16. AH penalties and forfeitures in this act me*- Pennltits 
tioned, shall be recovered by bill, plaint or information, pecovCi "**l* 
in any court of record in this government; wherein no in* 
junction, protection or wager of law shall be allowed or 
admicred of. * 

ir89. C.S9. 

V. $2. AH devises of lands, tenements and heredlta- r>cV>*e*si 
ftents, or of any rent, profit, term' or charge out of the»£*»» st 
same, shall 'be deemed and taken only as against credi- cr ?| ,u 
tor or creditors, his, her and their heirs r successors, exc- 
eptors, adminiatrators and>assigns and ^very of them, as - 
nolL and void; and every such creditor shall and may 
(«ye apd -maintain, his, her or their action or actions, v ' 

„»pinst such devisee or devisees, in all cases and in like 



LOPS 



£40 »H#ftW AND WkVWnJBMT COKVEYANCRS, 

i . 

maimer at such action ortrctione might or could be brought 
Or maintained against the heir or heirs at law of auch dor 
ceased debtor, jornitly with the heir or h$trs at law, or 
'. severally by virtue of this aj$f 

^ m # VI* § 3. Whea 907 fraud or deceit thall be commhte4 

CTJIubhc * n *T u P ott ' M y °^ tht: P^Uc °fi cer » of t£is state, the per* 

fflkeri* ' * 0Vk appointed to or who has the charge of such office, shall 

* give immediate informatfon thereof ft the attorney or so* 

' licitor*gen£ral, -a* the case may be, who*£ duty it shaft 

be, When such fraud or deceit shall be an indictable of- 

fences to take all legal measures to prosecute the person 

or persons so offending >yjtlj effect t and on all indictments 

in such cases, the person in whose office such offence hath 

been committed, shall* be endorft*} afr profectftor in his 

public or official character. • 

Sei. h to ^'* # $ *° ^Thm the sheriff of any county In this state 
try l*aud. returneth 00 the execution in fyis hands that there is no 
property to be loupd belonging to the defendant in hii 
, count}', and it i$ suggested by the plaintiff that the detent 

dant has fraudulently made away with his property, for 
the purpose of avoiding tfye payment of the' execution, 
notice in* the nature of a scire facias, on motion of the 
party plaintiff, shall he directed by the court to issue to 
the person or person? in whose hands such property is 
•supposed to be held, and on return of the said scire facias 
Executed as other original process, mi issue shall be jnade 
up whether any fraud ofconcealmerit of his property hath 
been made by the defendant to the person cited mr node* 
ed t or whether the kmie hath been* made over to avoid 
the recovery aforesaifl, without just and valuable consi- 
deration ; and if the jury shall find sucfi fraud, conceal* 
ment or making oyer as aforesaid, they shall also, specify 
the property so fmdulently Concealed Or made over, and 
execution shall issue against the same, in the hands of the 
"A\<x garnishee, or person notified, in the same manner as 

V against the defendant himself, until the judgment shall 

be satisfied, should such property be sufficient f^r that 
purpose. ' t . ' 

180$. C* 

Cew**to yilh $1* Upon any judgment rftufcred, or which 
I* t;«kcn shall be hereafter rendered in any court of record ia this 

S C rt lb of sUre * if lhe pW«fiff Iqr W»««Wt his agent or attorney to 
» TKr^m »» fat** vill make an affidavit stating tfiat the defendant ba$ 
#^lu- no visihle property so satisfy tl^c tamt, -or on irtnch as 



execution can be levied, and that he or she has good rear Veftly cofc* 
Mi to believe that the defendant has fraudulently* con- *«/«•* to 
vtycd his or her property to avoid or delay the payment j^^w 
ef his or her josf debts, or ttufk some other person or per* 
soes is or ate id possession of property belonging to. said 
defendant,, and conceals the same, the court ki which the 
laid judgment hath been or shfll be rendered, shall and 
may at any time while the said judgment it to fores, or- * 
der a scire facias, or scire factors, as the case may be, to 
4e issped agaisnt ud served or* tbe person Or persons 
eWmiag an/ estate, real and personal, under any such 
.sonveyance * or any person or persons charged in the a£* * 
fidarit with concealing any money, goods of otbt Restate* 
W the use of the defendant, or for the purpose of en*r* 
Uag him or her to avoid or delay the payment ef his tt# 
her just debts, in which he, die or they shall be comrtUur- 
ded to appear at the next succeeding term, and declare 
apon oath, and in witting* whether he or she holds, or h* . 
h possession of, or claims title to any mpney, goods, or 
other estate, .real or .personal, under any conveyance made 
by the defendant upon any secret trust ; and whether he ' 
w she holds or i* in possession of any money, gopds or 
estate, or was at the time of rendering * aid judgment, or " 

at any time sipce, it) possession of any money, good* o# 
other estate under may secret delivery, to hold the same 
for the use of the defendant, or any Other person, to ena- 
ble him or her to *void the payment of his either just * 
debts ; and if the seh% facias shall be returned served by ' 
delivering a copy, to the party against whopr it issues/ or 
by leaving a copy at hi* or her dwelling, and the party 
shall appear, the court shall proceed to require * declflrav - 
lion from him or her on oath {is aforesaid * and if the par* 
1y so called ioto court, shall acknowledge that he or shu- 
does hold or chriru property of the defendant in manner 
aforesaid* the court shall and may ordor the saqsne to be » ., 
delivered up or asade sojajcet to the judgment of the plains 
liffj or in case the saifte or any part thereof 6hall be mo< 
Hey, or in case any part of the property shall have been ti- 
led, wasted of destroyed by the party, the court may givW ; % 
judgment for the plaintiff against suctf pafty, for the a* 
mount and value of the money thru held, (or which ha* ; 
been need, as ata<T for the value of any other property t» 
he ascertained by a jury) used, wasted or destroyed, and 
acknowledged as aft>i*said fc to have been receivecfin man-* 
aer aforesaid, for the use 'of the defefcd*nt t ^>r any other 
Ptfp* M aforesaid i but in case any person caUrd intfs. 



ft43 FRAUDS ANI> FiiALDULfcNT COW KYAXC'l 

<> ' court in maimer aforesaid, shall deny that he or she bold'- 
or is in possession of, or claims title to any property, real* 
or personal, conveyed ©r delivered for the purpose ol en- 
abling the defendant to avoid or dt lay the payment of his 
br her just debts, or - that he has held any such property, 
and used oir wasted the"same, the plaintiff may, if he ur 
■> • she thinks proper, require an issue to ho made up, and 
the facts tried by a jury, as in other cases, and j»iagmeot 
shall be given accordingly with costs; and in case any 
verdict and judgment shall be given in favor of any per- 
, son called on under any scfre facias, or in case he or she 
shall be discharged by his or her declaration on oath With- 
out the trial of any issue, he or she shall be entitled to the 
same costs as if he or she had been originally sued in said 
' action. » , 

IX* § 2. In case any scire facias shall be returned served 
Where the** 1 I * lanner herein directed, and the party against whom the 
party fails sanie issued shall fail to appear, the plain lift may enter 
to appear against him or her a judgment by default ; but before ete* 
ju jjment cut i n g an y wri ^ Q f enquiry, or entering up any filial judg- 
tererf by ment, asccond scire iacias shali issue to the party rtqmr- 
default, ing him or her to appear and shew cause why final juJg- 
- ment should not be entered up for the amount of the plain* 
tiff's demand, or the amount which the plaintiff shali in his 
affidavit state to have been in the hands or possession of 
such patty; for which amount, upon the servtcfe oi said 
fici, fa. in manner heoreih directed, the plaintiff may entcf 
up judgment against aaid partwwith costs as aforesaid* 
Modeof § 3 * When any judgment shall be given by any jus- 

fcrocceding- tice of the peace out of court, the plaint iff .may make aa 
whenjtictg- affidavit, in manner herein directed in courts of record, «J 
meui .s^i . w hi c h he shall be entitled to carry up to the next succeed- 1 
justice of * p 8 COUI *t of pleas and quarter sessions to be held for the 
jf*eace> county in which said judgment is given, with the saidaiH- 
davit, the warrant, judgment, and all papers relating there- 
to ; and u*vn which the said court, upon motion made by 
the plaintiff, shall and may order a scire facias in manner 
herein directed, which shall be proceeded on in the same 
manner as if the suit had been originally instituted in said 

^ court* . 

See Lands* Trust fcstates, Widows. 

.FREEHOLD.. 

' r " See Indictment*. 

FREEMEN. 

5ee Indictment, blw&» " 



W»*P"^ 



■HHBHHHH 



•> 



•J • '« 



> , •' 

* iftttB XEOBOES, MULATTOES, AN* PERStatg 0* MIXED 

COLOUR. • , 

fee Slarei, Witnesses,' Wodda* f 

FUGITIVES; 
iaoa C. 20. 

It shall be lawful for the governor for the tima beluga bh 
information already made to him, or hereafter to be made, jtiannefcA 
of any person or persons having committed any offence of pursuing 
a capital nature Within this state, and of having fled beyond kfiti? •* 
or out of the jurisdiction thereof to any of the united States, 
either to employ a special agent with a sufficient guard or 
escort to pursue and apprehend suctr fugitiye or fugitives 
from punishment, or to issue his proclamation, and therein 
and thereby offer a reward not exceeding 2001* according A reward 
to the nature of the ease* as in his opinion may be suffici- JJ.^JJ £ 
Wt for the purpose, to be paid to such person or persons ceediQfr 
is shall apprehend such fugitive or fugitives, and deliver 2W* 
him or them to such person at such place as in said pro* 
clamation shall be directed. And it 6hali also be lawful 
for him frorn time to time, to issue his warrants on the 
public treasurer for sufficient sums of money to defray' 
die expences of such special agent arid guard or escort, or 
*to pay the reward offered by such proclamation upon the 
delivery of such fugitive in manner as therein directed, , - 
for which sum or sums of money the treasurer shall b* 
allowed in the annual settlement of his accounts^ 

1810. C,3. ' 

II. $1. From* and after the first dajr of January next, A j«eg**fc 
any judge of the superior court of law and equity, or any ^JJIlJj 
two justices of the peace, on satifactory evidence adduced mit for %ik 
that any fugitive has committed within the United States, months* 
auy petty, larceny or other offence, the punishment where*. 

of shall extend to affect life, limb or member* shall have 
fall power and authority to commit such fugitive to any 
jail withiri ibis state, for the spate of six months, un- 
less sooner demanded, agreeably tti the directions of an 
act of Congress in such case made and provided. 

III. $L If nd demand is made whfiin said teiftl of / 
time, then said fugitive shall again be liberated ; any law* . 
wage oc custorrjt to the contrary notwithstanding* 

• FUNDS, ! 

«ee ^inklrg Fund* Salaritm 



Sl&Q ' GAMINE 

GAMING. 

1788* C.-5. 

T. §. 1. Every promise, agreement, note, bill, band ef 
g .. -other contract, to pay, deliver or secure money or other 
void. * * - thing won or obtained by playing at cards, dice, tables, 
tennis, bowls or other games, (horse-racing excepted) or 
by wagering or betting on either of the partite who shall 
play at such games, or to repay or secure money or other 
thing lent or advanced for that pb'rpose, or lent or advan- 
ced at the time of such gaming, playing, betting, laying 
or adventuring, shall be void ; and every conveyance or 
lease of land, tenements or hereditaments sold, demised 
or mortgaged, and every sale, mprtgage or other transfer 
of slaves or other personal estate, to amy person, or for 
his use to satisfy or secure money so won* lent or ad* 
, vanced, on due proof made before any jurisdiction hav* 
. » ing cognizance thereof, shall 4>e and is hereby declared 
void. 

1m. c. 5. 

Public &*• II, $ 3. All public gaming tables, such .as E O, A B, 

romg u * . and ABC, faro banks, pass die tables, and all others of 

biiof M '" whatever nature, or by whatever name or denominatio* 

they shall be called, are hereby totally forbidden to be 

used in this state by any person or persons whatever*: 

And all justices of the peace and the commissioners of 

" police of the several towns in this state, are hereby autbe* 

rised and directed, in case of information made to thea 

or any of them on oath, that such gaming table in the 

possession and use of some*person within the limit of their 

jurisdiction, to destroy and annihilate the same by every 

means in their power* And each and every person wh* 

shall offer to keep up or use the same after the first dav 

Pmaltyfo? f jMay next, shall be subject to the penalty of 10001. t« 

ble». be recovered in an action of debt by any person suing for 

Thsnenat- ^ c * a,ne » ^ e oae J 11 ^ thereof to be appropriated to the 

ty extends use of the party informing, the other half to the use of 

not to billi- the, state. Provided alwavs, that billiard and back can** 

mm |^ c mon tables shall pot come under the meaning and pur- 

tables. • view of this act. ' # 

3794. C. 33. 

j5itii*Tri or **'• ^° p er «° n *hM sct u P or s h»H ^ ee P u p **y bil* 

otiiec t«. liard table, or any other table or device for playing at auy 
bles not to game of hazard, within five mties of the University ; and 
n * a *^ u- if any person or persons shall set up any such gaming 
ftirttviiy. table, or having set up the same, shall continue it after the 
1st of May next, he or ihc^, so offending shall forfeit an4 



<*- *«*y flu 



Muy fu*t**> *A* f<C<*JL cVuJ^czrsf &jl<s : /ecu. 

A.oJl*^ aL&Jt^A. <L/#<»n, s*<*<** i 









sr*-**"*^ — 



F _ y SCcML ft c^S^c^ 

'three- 



*. .\ 



■■■■■■■■■■■■sssjbbmhb^p 



flAMftf 6. £5 1 



fpf the sum of 50L to be recovered in atiy court having Penalty, 
cognizance of the same, one half for the use of the infor- 
mer, and the other half for the benefit of the state. 

1798. C. 19.' , 

IV* §4. AH monies exhibited for the purpose <)f allur- 
ing persons to bet against at any ganfe,*and all monies ac- Monies & 
tually staked or betted whatsoever, and aA species of other p !? p !^ ty 
property, shall be liable to be seized by any justice or jus- be nuked 
tices of the peace, or by any other person or persons un*- seizable. 
skr a warrant from a justice of the peace, wheresoever the 
same may be found ; and all such monies so seized, shalL 
fee accounted for and paid by the person or persons mak- 
ing the seizure to the warden* of the poor of the county 
wherein the seizure shall be made, and applied by the 
said wardens in. aid of the poor tax, deducting thereout 
fifty per centum upon all monies so seized, to be paid to 
the person or persons making the said seizure. 

V. $ 2. Ail gaming tables, 'of what name or denoroina- Allwuriing. 
tion they shall bc_ called, are hereby totally forbidden to tables pro- 
be used.in tjus state by any person or persons whatever ; J! ibiiet !re» 
and all justices of die peace, commissioners of police, she- ee p ' 
riffs or constables, are hereby authorised and directed, ip 

ease of information made to them, to seize and destroy 
the saute, by every means in their power* 

VI. $ 3. 'Any person whatsoever, who shall suffer the 

game of billiards, or any of the games' played at the ta- 9U ^*r!nir 
bies commonly called A B C, £ O, or faro bank, or any any game 
other gaming tables or bank of the same or like kind, utv to b* P la y- 
der any denomination whatever, to be played in his or her ^J^ 11 ^* 
house, or in a house of which he or she hath at- the time 
the use or possession, shall for every such offence forfeit 
and pay the sum of 1001. to be recovered in any court of 
record, by any person suing for the same* 

VII* §4. Any person who shall oppose the destruction p.. » 
of any .of said tables, or the seizure of any such monies as oppoffog* 
above, descri beg, by any person or persona so authorised to destruo 
make it, shall bdiablc to a penalty of 5001. to be recover-^* 1 ^ **^ 
ed in any court of record, for the use of the state, and zure . 
shall be further liable to the action of any party grieved 
by such. opposition 7 and any person or persons who shall 
take or carry away any part of the said money after the 
said seizure, shall be guilty of a misdemeanor, and liable 
to be indicted or presented therefor, and on conviction fin- 
ed at the discretion of the, court trying the same* 
. yiU? $ $. it shall be the duty of the judges of the su*™ 1 ^ 
perior *ot*rts and justices mf the county court, togive this cha^ef 



r v 



«3* 

let in charge to the grand jury at the time when such grand 
Jury shall be sworn. 

1799. C. 12. 

, IX. All persons who shall hereafter play at any gam* 
$i&yin;' at of cards in any public house ot tavern, and bet any money 
Swatv* 1 * or prpperty , whether the same be in stake or not, or any 
~ ™' person or persops who shall bet on any game at cards, 
shall on conviction forfeit and pay for eaclvand every of- 
fence the sum of 40s. recoverable before any justice of the 
peace, one half to the informer, the other half to .the use 
• of the poor of the county* And if aay keepers of a public 
fcouse or tavern shall knowingly suffer or willingly permit 
any game of cards to be played in said public house or j» 
vern, for money or other kind of property, he shall forfeit 
and pay the sum of 5l. for every offence, to be recovered 
. in like manner one half to the use of the informer, the 
0ther half to the use of the poor of the parish* 

1800. C. 10. : 

X. It shall be the special duty of sheriffs of each conn* 
r Dnfyof tyin this state to &ue for and recover, in the name of the 
ghenlfe t0 governor for the time being, the penalty set forth in 1 798, 
***** * '£• 19, $ 3, from any person who may suffer any of the 

'games therein mentioned to be played in his or her house ; 
lor which services the sheriff so suing and recovering, 
.. ahall be allowed twenty per centum ; and every sheriff 
who shall" fail or neglect, after information to him made, 
or shall, after the same may come to his knowledge, fail 
to sue for ind perform the duties by this act required, 
shall forfeit and pay 25l. to be recovered before any court 
having jurisdiction thereof, to the use of the person suing 
tor the same, and pay the costs of prosecution. 

1801. C IT. 

XI. If any tavern-keeper, ordinary keeper, or keeper 
of a house of entertainment, shall suffer any of the games 

Tsptra mentioned in thtf several acts of the General Assembly of 

ia^Tc/ **"* * t * w to P ravctlt excessive gaming, to be played in 
* hitf or her dwelling house, of in any outhouse, or on any 
part of the premises whereon he or she lives, or shall fur- 
bish much persons with drink, or anything for their com- 
fort and subsistence during their time of playing, he or 
«he shall be deemed guilty of a miademeanar, and on con- 
viction thereof, shall he fined a sum not less than & 
And every person playing at any of the said games, m 
m maimer above described, shall be deemed guilty of a mis* 
m " demeanor, and on conviction thereof shall he fined a tut 
m iiuv iwas than 5l. 






e<\. 






\ 
OEM*. §A& 

1S17. at 

XII. $ ** Owners of billiard tables shall hereafter A tut of 
give them in, in the same manner as other taxable P ro *^ai2aS' 

Serty, and sh?U pay for each billiard table a tax of five table* 
undred dollars, to be levied, collected and accounted for 
in the same manner as other taxes, and the sheriff shall 
tcollect the tax on billiard tables within this county whe<- 
thcr the same shall have be? n there on the first day of 
April or not, and whether the slime shall have been erect* 
ed on that day or not, unless the person having such ta- 
ble in possession shall produce the receipt of the sheriff 
of some other county for the said tax ; and if the tax on 
a billiard table shall be unpaid after the same is due, and0 
after having duly advertised the same, the sheriff shall ex* 
pose the same to sale, and if no person bid for the said 
table the amount of the tax and' charges, the sheriff shall 
bfd off the same and immediately thereafter, in presence' 
of two Justices or two Freeholders, and burn and destroy 
the same and every part thereof, and upon the affidavit of 
said sheriff and attestation of the justices or freeholders, 
thfr said sheriff shall be allotted the tame in hi* ecttls- # 
tient with the Treasurer* 

GAOL*, 

See Prisons. 

GARNISHEE. 

Iftea Attachment, Justices, 

GENERAL ASSEMBLY. 
1795. Cll. 

The Meetings of the General Assembly shall be #n &£. 

third Monday of November in each and every year. 

Qoy cc B M , IayesjdKnentji,. Legislature, Petition*, fit** of Gtweci»*Bt, Se- 
cretary, 

GIFTS. 

1784. C.1<L 

I. $ 7. Beede of gift of any estate of whatever nature 
shall be proved in due form, and recorded Within twelve \^^J^ 
month* after the making thereof i and all deeds of gift not «&* 
1 authenticated and perpetuated in the manner by this act 
directed, shall be void and of no force whatsoever. , 

180* 
I. $ 1. No gift hereafter to be made of any slave or 
4ave* skill be good or avuiUbl^ either in law or equity 



1 



tSi ClFTfl. 

" - tiniest tne a^me stall Be made in writing, signed by thf 

#lu«^?shail < * ol,or ' an ^ *t te8 ^ ty ** kast one credible subscribing 
Lc rnlut t -witness j neither shall such gift be valid, unless the writ- 
cx«rc|)t ^g by which the title of any slave or sjaves is transferred 
wyujw. *hall be proved or acknowledged/^ conveyances of land, 

ThV?wri«» an< * r *E l8t * ircc ' * n t * ,c °ffi ce <>F the public register of tbc 
(ns to be county where the donee resides, within one year after the 
roistered* execution thereof, if cha donee be ir the* actual possessioa 
of the slave or slaves so given and transferred ; but if, 
* tinder any special agreement made at the time of the gilt, 
the donor shall remain in possession of the slave or slave* 
so given, then the writing transferring or cdbveying the 
same slave or -slaves shall be proven or acknow- 
ledged as aforesaid, and registertd within the same time 9 
ur the county where the donor resides. 
On tp'i1 ' **' $'^* a ^' l " a ^ ^here any such writings shall he 
4Ik« «-xvcu*' atro ^ wct ' | d to support the title of either party, the due i* d 
%vn\ of i!i*fair execution of such*writing shall be proved by a vit- 
r i ' it,ny lr Tnes» subscribing and attesting the execution of such wri- 
" *' .• ,* ting * but if such wrtn'sas shall be dead or removed out of 
the .at me, then tha probate or acknowledgment and regis- 
tration of snrh writing may be given in evidence. 

1IL $ 3. Every person claiming title to any slave rt 
m i , slaves, by virtue of any parole gift heretofore made, shall 

i:dr p M M>iv commf ' ric * 5 n-d prosecute his or her suit for the same, 
itifis t<» b* within, three years from the passing of this act, otherwise 
gwciiw.tli-the same shall he for ever barred : Provided however, 
in yt-nib. ^ at j j. ttn ^ WIC |, person or persons be, at the time of pass- 
ing this uct, within the age of twenty-one years, con com- 
*j>o* mentis* feme covert, imprisoned or beyond aeas, such 
jjcrson or persons shall, within three years next alter full 
' Ofre," coming of sound mind, di«coyerture, enlarge mert 
out of piisoji or reulrti from beyond sea?, commence and 
prosecute his of fcef*suit for any -such slave or slaves* 
claimed by*. force of such parole gHt, and not afterwards: 
Provided,- that when any person shall have put into the 
Wt pn flC tu a l possession of his or her child or children, any 
nn\\n p«s- s '* VtJ op s la v f*t and the said slave or slavea shsll 
#rtH4<mof' remain in the possession of such child or childite 
Mi.iLite»|to nt t ^ e t ; mc f t h e death " f such person, he or she 

HmtThs ^y' !, 8 intestate, sur.li slave or slaves shnll be const* 
iir!vi.fu:f- ' ffrfr-d ds an advancement to such child or* children, a*4 
•*•»*#. be reitnlarrd bv the" laws how in force relating to advana** 
meuts made, to tfiiifcUeg bv a parent in hia life timer 



t 



GOVERNOR* jjg£ 

GOVERNOR. 

1780. C.9. ' 

I. § S. It shall and may be lawful for the governor 
or commander -in chief, with the advice of the council of 

state, to Call a meeting oi t%e General Assembly, if the AHL?. ^ 
same shall l>e absolutely necessary, at a sooner day than i&ewbly.. 
the same may stand adjourned to or appointed to nitew 

1794. C.8, 

II. $ 2. Whenever the governor shall conceive it ne- 
cessary to coavene the council of state, such meeting shall ^*^ Sf-. 
be in the city oi Raleigh, unless an invasion, insurrection rue H in 

•r contagious disease, shall render U advi^oic to cuii k*u-;$k 
them elsewhere. 

1798. C. 07. 

X. $ 1. His excellency th* governor of this state, and 
every governor that may hereafter be appointed, shall make 
the city of Raleigh their place of common residence dut*~ t<» reticle 
ing the time they continue in office: any law to the con- H»*W*j$h# 
trary notwithstanding. Providing, that the governor, as 
often as it shall be necessary for him to be absent from tb& 
«ity of tfoleigh for any longer time than ten days, ahait 
sause to be notified in one or more of the newspaper* of - 
the most general and extensive circulation in tfce state, the 
time of his intended absence, the place of his destination, 
and that the governor's secretary shall constantly reside 
iu the city of Raleigh during his absence* 

U'tf C 25. • • 

IV. $ 1. The governor for the time being shall res'-de To rcft'jj*' 
permanently in the city of Raleigh during his u>uii»maiice pern ? •** 
in office.  • - iuie*u #, 

» 1813. v*« «*••«» 

V/$ 1. The Treasurer, Comptroller, Secretary of State, AtWlim 
and Henry Potter, Henry Seawell, William Hinton, Ka« h»u<e to * 
^aniel Jones, (Crahtree,) Theophilu* Hunter and VVil-^^U' 
lian Peace, are hereby appointed Cnmrttosftionert for th<* 
purpose of designing and causing to he erected u.i such 
part of the public lands near the ciry of Raleigh as they 
way deem most proper, n» convenient* aud c^mmxlious 
dwelling house, together with such outhouses as to them 
shall appear necessary, f*r the accommodation of th<* 
chief magistrate of this, State for the lime bi'ing ; and for .. 
the purpose of tafsiug the necessary land fur tae object 
aforesaid, 

VI. § 2.' The said commissioners or a m sjortty of them, \j*\y ^ 
shall have full powet nnd lawful authorit*/ i^siHand con- oi»w >*»>- 
*ev in fee simple by instrument Ox *»i tr.jr, iro.u n.uUr f* UtIul ,v 



we 



GOVBltkrjR. 



Lststobe 



M* 



their hands and seals, the lot dumber one hundred alio* 
thirty one in th* city of Raleigh, and the houses- thereooi 
occupied at present by the Governor ; and all or any part 
*f the public lands contained within the deed of Joel Lane 
to the Governor for the use of this state, and adjoining 
the city of Raleigh* on the north, the west and south sides 
thereof, that is to say r not east § f Person street nor cast 
of Sugg's branch* * 

VII* $ 3. The said Commissioners shall lay off or 
todoffand c * use *° Dc laid oft into convenient lots, of such size as to 
them may seem most proper, all or such parts of the lands 
above desqribed as they may deem most advisable } and 
also lay off the lot number one hundred and thirty one ia 
the city of Raleigh the present residence df the Governor, 
into convenient building lots. 

VIII. $4. When the said lands and lot number one 
hundred and thirty-one ^hall be laid off as aforesaid, it 
ahall be the duty of the Commissioners or a majority of 
them, to make an estimate of the value of each lot of land 
and the several parts of the lot now occupied by the Go- 
vernor, and deposit the same with the Treasurer; sod. 
they shall not, communicate to any person previous to the 
sale, the affixed value to any lot* 

IX. § 5. The said Commissioners shall cause to bjs 
laid off within the line above described, a lot not l;ss than 
six, and not exceeding ten acres for the purpose of erect- 
ing thereon suitable houses for ttft accommodation of die 
Governors of tfcis State; 

X. $ 6. The said Commissioners shall cause to be set 
fats to s* up at public auction the said lots oMand, together with the 
sold it lot number onc^hundted and thirty*one, and the buildings 
-gubUosut- hereon, first giving sixty days notice by advertisement 

in the newspapers printed at Raleigh, of the tiro£ and 
place of sale : Provided always ^ That the Commissioners 
shall adopt effectual measures to prevent the bidding off 
any lot for a less sum than the previous estimation, nor 
shall any title be made until the purchase money shall 
have been paid— »PrGv idtd That»nothing contained in this 
act shall be construed to empower the Commissioners to 
sell the four unappropriated lota which are situated in the 
corners of the city. 

XL § 7. The purchasers of the lots of lands shall hate 

a credit of six months for one half the purchase mooe?, 

2*^ iow twelve months for the balance, on giving bond with sfl§- 

cient security, payable to the Governor, and negotiable 

at the State Bank ; and the lot number one. hmdred and 



* f ** 



ttTSfJe. 



t 

t 



• 



I 



^^*"^^<PW^WPii^lWP»P"^«P 



.• » y 



thifty«6ne shall be sold upon the condition thit the pjifr- 
chaser or purchasers shall not have possession until dther 
buildings to be provided for the accommodation of the 
Governor be compleated, and the purchasers shall be en^ 
tided to a credit of six months after being entitled to take 
possession of said lots, on securing the payment as afore- 
said* 

XII. $ 8- The spring on the public land* north of the city, p^fx 
commonly calle^l Rex's spring, and all such other springs springsrW ' 
as shall be deemed of public utility , by the Commission- qurrsl. 

era aforesaid, togetlur with stich quantity of land around m 

the ajune.qjt the commissioners shall deem necessary, 
shall Jbe reserved for public Use. 

XIII. § 9*^Yhe said Commissioners shall contract with 
persons for erecting buildings for the tf sidence of the Go- 
vernor with suitable offices and outhouses, the principal ' 
building, and. such others as the Commissioners shall 
think fit, to be of brick or stone, not exceeding in the cost 
of the whole, five thousand pounds ; and hatting take* 
bonds payable to the Governor, with security, for the due 
t*rformance of the undertaking on the part of the con- 
tractor, may pass to him any of the bonds received for 
payment of lots of lands Sold as aforesaid, or the money 
deceived for any of the same upon his said contract:—* 
Provided, That the Commissioners herein named, shall j^-jJ- 
not enter into any contract foi the erection of said build- 
ings,; unless the proceeds of the lands and lot hereby <&» 

rected to be sold shall amount to the sum required to 
complete the said buildings* 

XIV. $ 10. The Said Commissioners shall rasflce a full g^j f 
tod complete return of their proceedings herein, to the next proceed. 
General Assembly, and as often thereafter as they shall be togs to b* 
tequired by the Legislature to do so ; and on the com- ™ a >V^ 
jetton of the btiildhigs above directed, and the ne£essar^ s^nbiy, 
Enclosures, they *hall pay over and into the Public Trea- ' 

tary of the State, the balance of the money remaining in 

their hands unapplied, should any be left* 

Clerks of fiie county and superior courts^ Comptroller, Consul, Council of 
Itste, Deeds, Entries, Escape, Impeachments, Judges, Members of As- 
sembly, Notaries, Oyer and Terminer, Pftvate Secretary, Sailors. Sala- 
ries, Seals, Secretary, Sheriffs, Slaves, Taxes. 1 

GRANTS. 

, 1790. C. 15. 

I. $ 1. Whenever there has been or hereafter tnay h'd 
• fctror by the surveyor in platting or making oti< ris* 

I 2 






F 

I 



258 GBAir*. * 

Errors in certificate to the secretary's office, or the secretary si 
^* n i, cor " mistake, hi making out the courses agreeable to .the « 
turns, or shall misname the claimant or otherwise, so " 
such claimant shall be injured thereby, the ^aimaht 
injured shall prefer a petition to the county court of pk 
and quarter sessions where such land is situated, settii 
forth the injury he, she or they might sustain in cod 
quence <ftyuch error or mistake, with all and singular 
matters and things relative thereto ; and the said court! 
hereby authorised to hear testimony respecting the trull 
. of the allegations set forth in the said ^etUion? and if | 
s shall appear to them by. said testimony, *>r from the. 
turns of the surveyor, or ertor of *he sec retor y, that 
patentee of such lands is liable to v t£ injur4ffoereoy,sud 
court is hereby required to direct they|gple*re«to v ^ruj 
such facts as appear to their satisfaction to the secret 
. of "state, who shall file the same, in his office^apd cone 
such error in the patent, likewise on the records in his 
fice, for which service he shall receive 4s# for eadh a 
every patent so altered as aforesaid, except -where the 
ror was committed by fhe" secretary. 
•^ II. $2. Any person who discovers there is an error| 
.' the registration otitis, her or their grants or mesne c 

ransnr*. 111 vey 8 " 10 * 3 * sr **H be at Hberty to prefer a petition to 
tton cor- county court m the same manner as in this act before 
rectcd. rected ; and on hearing the same, if it appears to the 
ttsfaction of the court that error has been made, they ai 
hereby directed and required to order the register of 
county to correct such error so made, and make toe 
cords by them kept conformable fo the grant, mesne 
•veyance, bill of sale, or other instrument, of writing, 
which it appears sitch mistake has been so made. A 
jority of the acting justices of the said courts, or st 
ofthem^ not connected with the contending parties by j_ 
nity or consanguinity , shall be present on the hearing <& 
such petition, and such petitioner shall prove to the court 
that he has notified every person having lands adjoining 
those mentioned in the petition thirty days previous tt 
prcferrirg the same; and that he has notified every per- 
son who claims title to the lands described in his s*id pe- 
tition ; Provided also, that any person who may be disss* 
tisfied with the judgment of any county court, on his, her 
or their petition, shall be at liberty to appeal to the supe- 
rior court of the district, as in other cases, and no petition 
shall be set for hearing the first term- 



^MMMiMB^ 




/frivol 1f&Crc°. S£^,O<«dLs£*"cf0^>Z^ 



\ 



k 

$ 



**\ \ 



, x v.v. 



».. 



- \\ "j 



GRANTS. £50 

HI. $3. Where any person petitions for the alteration Notice to 
rfa deed, mesne conveyance or bill of sale, the same no- grantor, 
fee shall be given tq. the grantor of such, deed or mesne 
Pnveyance* 

IV. $5; The county courts when they think it neccs* Cty court 
teiry shall order the surveyor and five freeholders, who toorcipr 
itenoc. interested, to examine and survey any disputed J^uted 
tods, to ascertain the lines, and to make return thereof to Und*. 
be said court on oath : Provided, that the expence of such 
lamination and survey shall be paid by the party pai- 
ioDiog as aforesaid* ' 

179B. C?2. 
- V. $2. The several county courts in this state, on tfie Errors in 
^presentation of the original grantees, or their legal re* patent? 
resentatives or assigns, may take full and complete cog- ??^ g l p C 
tzance of all such titles, deeds, or other conveyances for ^etor*, 
nds lying within their respective counties, made and ex-* &c. gor- 
Kttd by the late lords proprietors of North ^Carolina, or *ected. * 
«r proper agents \ or by Henry E* M'Culloch, Art/Air 
tofo, Murry and Company, or their agents, when error 
*y have happened; and if it appeareth to them that error 
tth been committed, either by the surveyor in platting 
M lands, or by the grantor in executing said titles they 
all be empowered, through their chairman, to correct 
id error or mistake J which said amendment, when made 
' the chairman, shaji be considered good and valid, and 
tested and countersigned by the clerk of the court, and 
fall and complete copy thuKof entered on the records 
A ordered to be registered ^tavided always, that the 

Eisites incumbent on the petiHper, as set forth in the # 
re recited act previous to tnmearing of his petition, 
ill be strictly attended to as to all petitious originating 
Actor by the authority of this act, except as to the num>- 
f of justices necessary to hear the sar«?» 
VI. $ 3. In all determinations hereafter made on such If ... 
itioas where any person or persons may have made or congested, 
ill make him or themselves a party or parties to pre- the party 
it the prayer of the petitioner or petitioners being grants c * st lo P a 7 
i the party failing or cast shall be adjudged to pay all 
al costs and charges, which are hereby declared to be 
^ame as in all other civil suits originating in said 
fltfy cburts, where the boundaries of land do not come , 

]uestion« 

1804. C13- 

fll. $ 1. The benefits granted by the act of 1798, c. J^ fi b u 
to the patentees of land, shall be extended in all cases »a?d act to 



^Wl^w^?^ > ^i .V ■* 



1 



$60 



GUARDIAN AND WARD. 



l>e extend* fo eveny person claiming by, from or under their gpo| 

ed in cer- or grants, either by descent, devise or purchase. 

tain cites. vnL ^ 2- When any CJW u ordcw d to be recced, 

Rectified an d t ^ e game has been carried through front the grant in* 

! errors tobe • , r 9 . . *v 1 

I recorded to tD * mesne conveyances, the court making such order, 

in the re- shall direct that a copy thereof be recorded in the regis* 

fj*£*-* ter's books of the county, for which service the register 

i ft 00 ** may demand and receive 2s, 

1812. €.19. 

IX. § 1. Ann White, widow and executrix of the Iste 
will and testament of William White, late secretary of 

_ state, is hereby authorised to cause to be recorded in the 

i cotrfx of* office of secretary of state all such grants as were isssued 

\v. White, and the fees received upon them by her said husband, 
dec'd..to which remain to be recorded : and that she be permitted 
ded certain t,° contract with and employ for the purpose abovesaid 
grants, some suitable person to be approved of by the present se* 
cretary of state, aim} who shall make sych entries of record 
Under the direction of the said present secretary of state, 
* without any charge therefor, to the state ; Provided, such 
entries be made before the 1st day of J one next; jmd if 
the said grants shall not be entered or recorded in the, 
mannner and by {he time above prescribed, the secretary 
of state for the time being is hereby authorised and re- 
quired to cause said grants to be recorded, and to charge 
s the expence incurred thetefor to the estate of the said 
William White. 

X. $ 2. The grants to be recorded under the provis^ 
ons of this act shall be on the same footing in all respects 
as evidence and .as furnishing originals from yrhich to ob* 

Evidence. ta j n cv jd cnoc ^ other record* \o the office of the accretaf 
ry of state. 

See Commissions, Entries, Seals, Superior Courts, 

GUARDJAN AND WARD. 

1673. C5. 

I. $ 2, Where any person hath or shall have any child 

' or children under the age of twenty-one years, and not 

mf*di£ married, it shall and may be lawful to and for the father 

poeeofthsof such child or children, whether born at the time of kit 

custody, death or in ventre sa mere, or whether such father be 

^^£0* ^»*in the age of twenty-one years, or of full age,T>y AttA 

ipr***' executed in his lifetime, or ty his last will and testament 

in writing, in such manner, and frorn time to time, as he 

shall think fit, to dispose of the custody s*nd tuitioa of 



i » 



9UATIDIAN AND WARS*. £0£ 

<acb child or chik}ren, for and during such time at he, she 
or they shall remain under the age of twenty-one years, 
or for any less time, to any person or persons other than 
popish recusants ; and every such disposition heretofore 
made or hereafter to be' made sh^U ^e good and effectual 
against all and every person and persons claiming the cus- 
tody and tuition of such child or children as guardian in 
socage, or otherwise, and the person, or persons to whom 
such-custody and tuition hath been or shall bt| Ibo disposed Authority 
or devised, sjiall and may maintain an action of ravish- ^ the P^- 
xnent of ward, or trespass, against any person or persons 
who shall wrongfully take ay/ay or detain any such child 
or children, for the recovery of sue h child or children, and 
shall and may recover damages for the same in the said 
action, with costs, for the benefit of such child or children* 

II. $ 3. And every person or persons to whom sttch ,.. k 
tuition and custody hath been or shall be so disposed or property 
devised as aforesaid, shall and may take into his or their intopos- 
possession, for the use of such child or children, the pro- 8eMion < 
fits of all lands, tenements and hereditaments, and also 

the slaves, goods and chattels, and personal estate of such 
child or children, and may hring such action or actions, 
in relation thereunto, as by law a guardian in common so* 
cage might do* 

III. §4. Nothing herein shall discharge any apprentice Not to die. 
from his appenticeship ; and the superior court of the disj- charge a iv 
trict, or the inferior couf t of pleas and quarter-sessions P™* 110 ** 
of the county wherein such guardian shall reside, respec- 
tively, upon complaint to them made of such guardian 
abusing the trust reposed in him, by misusing the child 

or children so committed to his tuition as aforesaid, in 
being about, or intending* to many such child or children, 
in disparagement, neglecting the care of their education C«irt*s 
suitable to their estate, or wasting, converting to his own ^^HTLf 1 

, . • • « ^ ° • . cases ot &• 

use or otherwise mismanaging such estate, to make and buse. 
establish, from time to time, such rules and orders for 
placing such child or children under the care and tuition 
of any other person or persons, securing the"estate, and 
for die better education and usage of such child .or chil- 
dren, as they in their discretion shall judge meet and 
necessary. - ^^ 

IV. $ 5. The superior courts and inferior courts of power ore*? 
pleas and quarter- sessions of this province, within their orphans; 
respective jurisdictions, have and shall have full power 

and authority, from time to time, to take cognizance of 
a^ matters ponctming orphans pnd their estates, and to 



^v 



^^m 



gQjJ OUARDIAX AND WAUIX 

Penuitv for a PP omt gurdians in such cases where to them i( shall ap« 
i.c^kc'u P ea r necessary, and shall, take good security of all guardi- 
ans by them to be appointed iur tliv estate of orphans by 
them committed; aud if any court shall commit an or* 
phan's estate to the charge or guardianship of any per* 
son or persons, without takjr.g good and sufficient security 
for the same, the justice or justices appointing such guar* 
dian shall be liable for all loss and damage sustained by 
the orphan for want of such security being taken, to be 
recovered by action at cue coitttinm law, in any court of 
record in which the same is cogui&able, at the suit of the 
parly grieved. 

V. § 6. Where the securities were good at the time of 
Proviso. th e ir being taken or accepie.d, but afterwards became in- 
solvent, in sugh case the justice or justices shall not be 
liable. 

VI.. § 7* The bond to be given by any person appoint- 
ed guardian as aforesaid, shall be made payable to the 
Guardian ; us tice or justices present in court and crantiuir such guar- 
en. diansmp, the survivors or survivor ol them, their execu- 
tors or administrators, in, tj-ust fpr the benefit of the child 
or children committed to the tuition aud care of such 
guardian, which bond such court shall cause to be ac- 
knowledged before them and recorded, and that in the 
name of the justice or justices, to whom the said bond is 
made payable, the survivors or survivor of them, their 
excecutars or administrators } any person or persons m- 
Jtiit there. j urcc l naayNmd shall, at his, her or their costs and charg- 
>i . es, commence and prosecute a suit against such guardian, 

aud his securities, executors or administrators, and shall 
and may recover all damages which he,>&lte»or they have 
sustained by reason of the breach of the condition ti creof. 
VI I. $ 8. If any verdict or judgment shall pass for 
Promo such guardian, or his securities, the person at whose in- 
rli^njmltf- stance such suit shall be commenced or prosecuted shall 

lefendut P a ^' COSlS# 

VIII. $9- When a guardian shall be appointed to an 
Guardians orphan by a superior or inferior court, such guardian shall 
Alien and a ^ t | ie next cour t after his appointment, exhibit an ac- 
;ouut. aC " count upon oath of all the estate of such orphan which he 
or she shall have received into his or her hands or pos- 
session ; and every guardian heretofore or hereafter to 
be by any such court appointed, shall annually exhibit 
his account, and state of the profits and disbursements of 
the estate of such orphan upon oath, and suchoccount so 
to be exhibited sh:iLt be entered by the clerk in particular 



*m 



■o 



mmm^mmi 



wm 



# GUARDIAN AND WAUD. . %&£ 

books to be provided and kept for that purpose only ; ami rourri 
tthen the said court shall know or be informed tfu«t :i>iy povt- r » 
guardian or guardians by them respectively appointed, correct*- 
do waste or convert the mon*y or estate of any orphan to bu& ** 
his or their own use, or do in any manner mismanage the 
same, is about or intends to marry him or her in dispa- 
ragement, or neglects to educate or maintain any ornhan 
according to his or her degree and circumstance, or where 
any such guardian or his securities are likely to become # 
insolvent, such court shall have power from time to time 
to make and establish such rules and orders for the better 
ordering, managing and securing such estate, and for the 
better education 6f and maintaining such orphans, or to 
appoint another guardian, aj they .shall think fit and con- 
venient* 

IX. § 10. Every guardian, as soon as conveniently the 
fame may be done, shall by order of the superior or infe-Tosc'.ltlie 
irior court of pleas and quarter-sessions, cause the sherifFperiste*Uie 
to sell and dispose* of all the goods and chattels at hi3 or Cstale - 
her ward as are or may be liable to perish, consume or be * See lal *l* 
the worse by using or keeping, (except in the instances 
hereafter mentioned) for the most that can be got for the 
same by public sale, having first advertised the same at all 
the public places within the county, at least twenty days 
before the day of sale, in reasonable lots, and shall, for 
enhancing the price thereof, give six months cfedit, upon 
good security given ; for which service the sheriff shall be 
allowed by the court, so as such allowance does not ex- 
ceed two and a half per cent, and such guardian," after the 
time of such payment is past, shall trike and pursue all x 

lawful ways and mean's to receive and recover the money, 
Upon pain of being answerable for the same, and if the 
same cannot be received before the orphan entitled to re- 
ceive such money, shall have a right to demand it, or such 
guardian shall be removed from his guardianship ; he or 
the shall and may assign such bond to such orphan, andbcndufii* 
auch assignment shall discharge such guardian for so much aligned u* 
against him, her or them; and where the profits of any 01 V hiU1 ' 
orphan's estate shall be more than sufficient to maintain 
and educate hiiti or her, the guardian of such orphan shall 
lefcd the surplus, and all other sums of money in his hanc's 
belonging to such orphan, upon bond, with good and suf- 
ficient securities, to be approved of by the next succeed- 
ing court, and to be repaid with interest, which interest 
such guardian shaH account for annually; ami whefe the 
person or persons to whom such money sljui.l be lent, or 



£$4 Guardian axd waiId. 

■> 

Wiien lia- their securities, are likely to become insolvent^ such guar* 
blcforin- dian shall use all lawful means to enforce the payment 
Mivency. thcreef, on pain of being liable for the same as aforesaid, 
and an assignment of such last mentioned bond, in either of 
tjie aforementioned cases, shall discharge such guardian 
for so much as is specified in the condition thereof. 
**X. $11. Where any orphan shall have lands, and a suf* 
^f re * **• ficient number of slaves to cultivate and improve the same, 
onUtl&fd such slaves* unless otherwise ordered by the superior or 
inferior courts,, shall be employed on the lands and planta- 
tions of dnch orphan ; and all horses, cattle, sheep or 
hogs\ shall be kept upon such lands and plantations until 
auch orphan conies of age, and he or she shall have the 
benefit of the increase, a id shall sustain the loss if any 
shall happen. 
Vfhtoi XL $ 12. If any such stock grtfw too numerous, or if 
flock to be it will be to the advantage of such orphan, his or her guar* 
**° ld * dian shall and may sell, by order of the superior or infe- 
rior court, such part of such stock as such court shall 
think fit ; and all plate shall be preserved and delivered 
to such orphan when sit age in kind, according to weight 
and quantity. 
Manner of XII- $ 13. No guardian shall let or farm out any land 
letting out belonging to any orphan for a longer term than the orphan 
fcrpfcuii's be pf a g et or in other manner than by lease in writing ; 
1 and that special care be had that the tenant shall improve 

the plantation^ and that he or she keep the houses, or- 
chards and fences thefeon, or shall be erected on tbc 
same, in good and sufficient repair, and leave the same so 
at the expiration of such lease ; and that provision be 
made in such lease for preventing all kind of waste, and 
N employing any timber to any other use than the immediate 
use of the plantation. 

XIII. §15. The justices of every inferior court of pleas 
Orphan's an d quarter sessions in this province, respectively shall, 
£*£ r ° nce on the first day of the court that shall be held next aftar 
the first day of January in every year, hold an orphan s 
court for the purpose aforesaid,; and every person here* 
tofore appointed, of that shall hereafter be appointed 
gnardian to any orphan by any court, or by deed or will 
as aforesaid, shall exhibit such account 41 aforesaid, and 
the justices of every court shall, at the same court, exa- 
faflie . into all accounts of guardians so to be exhibited to 
thenr, and shall direct a summons to issue, returnable to 
their next tourt, against all guardians who tfhall then fail 
to apptar and reader such accohnt, whether such guardis* 



GtTAMkAN AifA Wa** j|g£ 

be resident in the same or any Other county, afcd shall 
then also esquire into the abuses and mismanagement of 
guardians, and whether they or thbir securities are likely 
to becomc'insotVcnt, and thereupon to proceed according 
to the power in this act before given ; and if any such 
guardian shall wilfully neglect, after being summoned aa 
aforesaid, to appear, or obstinately revise to exhibit such 
account, it shall and may be lawful for the court to issue v 
aa attachment for such contempt, and to commit such 
guardian, until ha or she shall exhibit such account. 

XiV« $ Id* Nothing herein before contained shall ha ChurHi 
construed to restrain the power of the inferior courts erf P*ws* ** 
picas and quarter sfestiooa in enquiring, as often as they SjJjJJ 1 * 
shall think proper, into the abuses and mismanagement 
of guardians ; but that it shall be lawful for them to exe- 
cute such power at any time or times when to them k 
shall appear necessary* 

XV. $If» The grand jury in every county in this pro* &&&}*; 
vincc shall annually, at he orphan's court to be held for r> ta pri* 
their counties respectively, be charged with, and presetat •«*<*- 
to the justices thereof, in writing, the namea of all orphan £]JJda t 
children within their parish that they shall know have ga«rdissmV 
not guardians appointed febcm, and are not bound out to *i 
some trade' or employment, and all abuses,, mismanage* 
nients and neglect of such guardians as live within their 
eouaty. 

XVK $ 19. It shall and may be lawful for eVery guar- 
dian to charge in his account ail reasonable disbursements Distatfas> 
And expances ; and if upon rendering such account it shall jjjjjjjl *^ 
appear to the court that such guardian hath really andbo* gwriissJl 
•a fide, disbursed more in one year than the profits of lha 
•rphaa's estate do amount • unto* for the education and 
Maintenance of such orphan, such guardian shall be al* 
l°wed and paid for the same out of the profits of such of* 
pWs estate in any other year. Provided always, that 
*t*h disbursements be, in the opi ion of such court, suit- 
tMe to the degree and circumstances of the estate of audi 
tophatw 

X VIL $ if. Where any person who now is, fir here- 8w| ^ 
after shall be security for the estate of any orphan, shall for — nHfe 
conceive himself in danger by reason thereof, and petition ties, 
the court where such security waa entered into for relief* 
it ihall be lawful for such court, upon petition exhibited, 
to them, forthwith to order summons to issue against the) 
P*ty or parties with and for whom An petitioner stand* 

Ki 



PM 



wm^ 




, 



fcgfl 0UAKDIAN AND WARB, 

bound, returnable to the next court: and thereupon 
compel such party or parties to give sufficient other or I 
counter securities, tor be approved by the said court, or to I 
'deliver up the said estate to the said petitioner, or such 
other person as the court shall direct, or they may and 
are hereby empowered to make such other order or tills 
therein for the relief of the petitioner, and better secur- 
ing such orphan's estate, as to them shall appear just and 
equitable* 
Proviso. XVIII. $ 22. Such court shall take good and sufficient 
security of the person or persons to whom such estate 
•hall be so committed, in like manner and under the like 
j>enaky as is by this act required to be taken of guardians 
appointed by the court ; and every such person shall alss 
exhibit hi6 account, and be subject to the rules and or* 
ders of the court, in the same manner, to all intents and 
purposes, as is herein before required of guardians, or 
they are made subject unto* v 

rr htof XIX. $24. When any person shall conceive himself 
appeal, injured or aggrieved by order or sentence of any inferior 
court, in appointing a guardian to any orphan, or in rcmo» < 
ving any orphan from the care and tuition of any penoa 
who has been appointed such, or on refusing to make such 
appointment or removal as aforesaid, he may appeal from 
Much order or sentence to the court of chancery of this 
province, or to the superior court of the district, at his 
•option ; and the party praying such appeal shall file a 
* eopy of the proceedings of the inferior court therein with 
gg ^ .the clerk of the chancery* or clerk of the superior court 
tp, v*- (as the case may be) fifteen days before the sitting of 
such, court, and thereupon it shall and may be lawful for 
die court to which such appeal is made, to proceed t» 
rehear the matter, and either affirm or reverse such order 
or sentence, and thereupon to award execution for all such 
: costs and charges as shall be occasioned by such appeal 
Appeal XX. $ 25- The party praying such appeal, before the 
feoftdV same shall be granted by the inferior court, shall enter 
into bond, with sufficient securities, for prosecuting suck 
appeal Vith effect, and/ the payment of all such floats and 
• charges as shall be awarded against htm in case he shaft 
be cast in his said appeal. 

XXI. § 26. Nothing in this act shall restrain or abridge 

«ee equi* the power of the said court of chancery* in any matter or 

*y» thing relating to orphans or their estates ; but the said 

Th«P*»«« court shall and may hold, use, exercise and enjoy the same 

4> thect. jurisdictions, powers and Authorities therein in as feUaod 



-w^^^^^w 



m^mm^tm 



mmmmmmmmmmm 



\ 



4 
\ 

i 

I 

BfcALlH; f07 

ample maimer to all laments and purposes as if this act ^ mi ** 
had never been made* bridged. 

18X6. C7. ; 

XXII. $ 1* From and after the pasting of thie act, it clerk «haH 
shall be the duty of the clerk of tie court of pleas, and summon 
quarter sessions in the several counties in this state res- £"**&***• 
pectively, to issue* ex officio, summons returnable tq next 

court, against all guardians, whether resident in the same 
er any other county, who shall fail to appear and exhibit., 
his, her or their account as required by the provisions of 
the act passed in the year 1762* . 

XXIII. $ & If any clerk shall neglect or refuse to per* ; rarity. 
&mn the duty herein enjoined upon him, he shall forfeit , 

and pay the sum of fifty pounds, to be recovered by ac- 
tion of debt, before any court having jurisdiction thereof, 
to be applied to the use of the ward. of said guardian* , 

XXIV. § 3. The clerk, for issuing the summons here- . Fees, 
ia directed, shall, be entitled to demand and receive the . 

sum of sixty cents, to be collected by the sheriff or other i 
tficer, at the time of serving said summons, and account- 
ed for to the clerk at the return of the same : Provided, 
that nothing herein, contained shall be construed to sub- 
ject to payment of costs aforesaid, any guardian who may 
have before the return fc of such summons, finally settled . 
with his ward, or will make^ it appear to the rourt, that 
he was prevented by sickness or other unavoidable cause, 
from exhibiting his account agreeably to the direction* of . 
the act of 1762. 

181& c.ia 

XXV* From and after the passing of this act* all guar* : 
iians shall he entitled to recover compound interest on all , 
nates,, bands.or^obligstion* given pr made payable to him, 
her or them, in the capacity of guardian* in the seme man-,* 
ner as if said notes, bonds or obligations had been renew* 
td annually ; any law, usage or custom to the contrary 
notwithstanding* 

HEIBS AT LAW. 
Aee AbattbHafc Desscats, Botriet, Leads, Practice* Widows 

HEALTH, . 

I. § 1. AH ponds of stagnant water, all cellars and 
foundations of houses, whose bottomsfeontain stagnant and 
putrid water, all dead putrified animals lying about the 
docks, streets, lanes, alleys, vacant lots or yards, all pri* ' 

ties that fcavc no wcila suojt qndq> them; all slaughter ' 



£$$ bides, sum ajtd punt 

. tram, til docks whose bottom are alternately wet sad 
' dry , by the ebbing and flowing of the tide, all aocumala* 

: tion of filthln the streets, lanes, alleys and gutters thereof, 

| l . mil accumulations of vegetable and animal substances ua- 

[ dergoiog a putrifectiv* fitnncntatiou in any of the sea* 

I port towns of this state, are hereby declared conurtea vuh 

sanccs* productive of offensive vapour* and noxious is* 
| halations, the causes of disease* and ought to be restrain 

cd, regulated and removed. 

II. $ 9. Every person p oss caa o d of a lot or lots, 
\ which from their low or sunken situation are liable 

to retain tide or rain water, or on which cellars or foun- 
dation* for building* may be dug and whether a teneevmt 
be erected over the sense or not, shall, during the months 
of June, July, Aagust, September and October, preserve 
. and keep the said lots, cellars and foundations, dry *wl 
free from stagnant or putrid waters and other filth ; any 
person offending herein ehail forfeit and pay five dollsri 
for the use of the town, to be rec6vercd in the name of the 
Commissioners thereof <for every week he, she or they 
shall suffer sjuch stagnant or putrid water or other fihh to 
'frt fCi ciT renM ^ n hereon : and if the *aid owner or owners shall, not- 
j^* ° * withstanding the above provision, neglect to remove such 
stagnant or putrid water or other filth, the Commissioners 
of the town may employ such person or persona as they may 
think proper, and upon such terms as tq them may sesia 
reasonable and just, *q remove from the said lot or lots, 
cellar or foundation the aaid filth, or stagnant or pum4 
waters, which said expense shall be considered as a further 
jise for not complying with the provisions trf this section^ 
and shall be collected accordingly t and the said ezpeneet 
ahall also be a lien upon the \ot or lota upon which As 
name baa been esnenoedj - 

8st Qaarsstis* 

• * 

HIDES, SKINS AND FURS. 

1789. C. & 

I, $ 1. Every master or owner of a vessel at ska time 
Of his clearance out before the naval officer, ahall take the 
following oath, viz. 

feflhef the y I* A. B* master or owner, as tfce«fcase may be, of the 
Zl?*~ called the do swear there am not on beat* of my vessel snj 

"—""* nw hides, nieces of hidss of neat cattle, calf skJny qor any ocavtr. 
raooon or fax fill's, for the purpose, of exporting them out of this 

etjtie, either as cargo or adventure, of toy own, or any other per- 
fftfcs f hQmsoevsrj s>dtl\at I ifUl noUntftfingljr pt wittta$!y v su» 



' 



^m^^mma 



mm* 



mmwmm 



1 



i 



r 



BOMB RACING. £££ 

toy person or persons to export any of the SAld kfnd of skins or 
fars out uf this state, in the vessel of which 1 am commander or 



owaer.*' 



II. $ % If any captain or owner sjiall suffer or willingly 
permit any of the abovementioned articles to be brought 
on board his vessel, it shall be deemed evidence of hit 
intention of exporting the same, and shall forfeit 50Ql. t? 
be recovered by action of debt in any court having jurisdic- 
tion, one half to the person suing, and the; other half to the 
state; and if the judge or judges before whom the same 
shall be tried, shall certify there was a reasonable cause 
of action, the plaintiff or complainant shall not be subject 
10 cost* 

III. $ 3. If any person shall by land convey any sucl* 
aides, skins or furs out of this state, into any other state, 
for the purpose of selling the same, such person on con^ 
viction shall suffer the same pains and penalties as are 
before prescribed for exporting such hides, skins or fur* 
by water, to be recovered in Uke manper, and applied to 

$e same use* ^ 

HIKINGS. 

See Sales and Auctions^ 

HOGS, 
ft* Cattle, Horse* sad Bojs, 

HONOURS. % * 

See Privileges. 

HORSE-RACING. 

1800 C. SI. 

I $ 1. Fien and after the passing of this aet t no mo« 
jty shall be recovered at law by means of any bet >rwa- Wo belts. 
ger on a hot se* race, except a written obligation is pfe-b**** *- 
duoclf on the trial, containing the sum so betted or laid ^Tt /wriu 
on such horse-race, signed, pealed, and attested, by attenobliga* 
least one witness. tion is pro- 

II. $ 2. All horse -racing contracts shall be reduced to ducttL 
writing ; and signed by the parties thereto at the time they AH bets to 
are made, otherwise they shall be void; and all sub-con- he reduced 
tracts or bye bets, on the same shall also be reduced to*?*** 1 *** 
writing and signed by the parties of such bye bets, or the 
same shall be void } and on all trials at law, where it may 
be necessary to give such contracts in evidence, no parole 

featu»ga}r ehaty be admitted trailer ox explain such con- 



270 AOUSE-lftteAKEfiS. 

Hot to «- tracts i Provided nevertheless, that nothing herein €Wr- 
icndto tained, shall be construed to extend so course -racing. 

eour«e*rs» ^ 

€Mg . 1810. C.U. 

Bonds fee. '**' $ lr From "^ a ^ tcr ^ c ^ rst &*Y °f January next, 
given on a every pfomise, agreement, note, bill, bond or other coa- 
forse-face traxt, to pay, deliver or secure money or other thing, won 
to 1* void, ^ Q^int-j by wagering or betting on a hore-race, or to 
repay or secure money or other thing, lent or advanced 
for that purpose at the time of such betting or adventur- 
ing, shall be void ; and any conveyance or lease of lands, 
tenements or hereditaments, sold, demised or mortgaged; 
and every sale, mortgage or other transfer of slaves or 
other [Jtersonal estate, to any person, or for his use, to sa- 
tisfy or secure money so won, lent or advanced, on due 
proof made before any jurisdiction having cognizance 
thereof, shall be, and is hereby declared void* 
former * IV. $ 2. AH acts and clauses of acts coming within 
seu r*- the meaning and purview of this act, are hereby repealed 
?*&*• m and made void. 

HORSESTEALING, 

. 1790. C. 12. 

$ 1* Prom and after the first day of January next, if 
Any person or persons within the limits of this state, shall 
feloniously steal any, horse, mare or gelding, upon due con- 
viction thereof, such felon or felons shall suffer death 
without benefit *f clergy. 

1817. C.S. 
CT r -- II* $ 1* The crime of Horse-Stealing shall in future, ia 
JM6f>y,*l3tthe first instance bl considered as a dergiable felony* 
tfftuee. III. §. 2, If any person shall be found guilty of feloni- 

Iteith for ousty stealing atiy horse, mare, gelding, jack-ass, or rade 
tbc&i within the limits of this state, for the second offence such 
person shall suffer death without benefit of clergy ; any 
I*w to the contrary notwithstanding* 

HOSPIT AUMONEY. 
See Seamen. 

HOUSE-BREAKERS. 

1806. C. 6. 

$ U If any person or persons shall break any dwelling 
i!buse, shop, warehouse or other out-house thereto be- 
longing, or therewith used, in the day time, and felon!- 
«tos!y take, away any money, goods or chattels* of tfie 



mHHHi 



■p 



mmmm 






▼Mae of dot* or upwards, therein being, although no per* Cmm m 
ten shall be within such dwelling-house , shop, warehouse which l*j*~ 
or other out-house, or shall comfort, aid, abet, a **ut,"™ h ^^ 
counsel, hire or command any person or persons to com- &«. shall 
©it such offence, and being thereof lawfully convicted, be d«-p r *- 
or being indicted shall stand mute, or peremptorily chal- jfe^j^ 
lenge more than thirty -five jurors, shaJL tfuffer deathly 
without benefit of clergy. 

HUNTING* I 

1T68. C. 13. 

I. $ 2. From and after the first day of January next, wfo«h*J) 
At person whatever (masters of slaves excepted) u6t ha*- not huot. 
fag a freehold of one hundred acre* of land within this 2 * ** *• 
province, or tending 10,000 corn hills, at least five feet 
distance each, shall htsnt or kill doer, under the penalty of 

101. proclamation money for every offence ; and moreover 
shall forfeit his gun, or Che value thereof? to be recover- ' 

ed by actids of debt, bill, plaint or information; by any 
person who will prosecute for the same, wherein, upon 
conviction, over and above the said penalty and forfeiture 
as aforesaid, the defendant shall be committed to goal by 
order of the court, there to remain, without bail or wain- 
prize, for one month. 

II. $ 5. Nothing herein shall bar or hinder an ovciw 

seer of a slave or slaves from hunting and killing deer 

with a gun, on his employer's lands, or the waste lands * 

of the public, within five miles of the residence of elish 

overseer* 

W4. C»f. 

III. $ 5. When more persons than one are engaged in AXi:i r\'etm 
the commission of the offence of hunting AfcA a gun, in enfaitrts 
the night byjirt lights it shall and may be lawful for one May *ive 
of them to give evidence against any one, or all others <V *^?L 
concerned ; and his testimony shall be held and deemed Khm.vix, 
to be as effectual, and shall have equal weight as if given tire-huow 
by any person perfectly disinterested and innocent of the en » +» *- 
offence giving like information of the same facts, subject 

in other respects to the general rules of law respecting 
witnesses : and such witness, upon giving such informs- > 
tion,and after due conviction of one or more such offenders, 
shall be acquitted and held discharged from all penalties 
and pains to be inflicted by this act, and shall have equal 
fight to the moiety of the fins heretofore mentioned as 
other informers have* * 



1779. C.3. 
Penalty on 1V> $^« If *ny person summoned at an evidence** 
witnesses gainst any fire-hunter, shall refuse or neglect to give evi- 
*ff»instfi*ed eQce against such ftre-huoter a auch person so refusing or 
JjJJ^JJt t0 neglecting, shall be committed to the gaol of the county 
Afire c?i« where the offence shall be committed, *util he or she snail 
4«c«* give evidence against the offender* 

1784. C. 33. 

Mentlngby V* $ 1# If any persou or persons shall be discovered 
ftttlig&Y hunting in the woods with a gun, in the night time, by fire 
5? £ 4j& H&h*t such person or persons so offending shall, upon con- 
viction, by indictment or presentment in any court of re* 
Cord in this state, be fined by such court 201. current mo- 
ney, to be applied to the use of the county wherein the of* 
fence was committed % and shall stand committed until all 
costs accruing upon the presentment be paid* 
trffctfnff VI* $ 3* If any person shall be convicted as aforesaid 
darcus* of killing any deer, and leaving the carcases thereof in 
l» <fa* the tfoods, he shall lor every offence forfeit and pay 20* 
woods, YU. $ 3, If any slave or slaves shall be discovered 

hJntT'b huBti&gf i* manner herein before mentioned* the master of 
ir#hf&t/* uc h *l*ve or slaves, or the person in whose service be or 
they may he, shall, upon due conviction of auch slave or 
. slaves before any justice of the peace of the county where- 
in sueh offence may be committed, forfeit the sum of five 
Jounds, to be levid by a warrant immediately to be issued 
y such justice for that purpose ; and if aoy person shall 
M duly convicted as aforesaid of sending his slave to bust 
with a gun f in the night by fire light, he shall be subject 
to the same pains aa are provided by this act to be in* 
licted on fire-hunters* 
VSIIfftff VIII* $ 4* It sjutl not be lawful for any person on the 
dtcr be? east sideif the Apalachian mountains, to kill or destroy 
twssn the any deerrftnntng wild in the woods or unfenced grounds 

and lAn** *n *»"* ****** *V 8 ua or otherwise, between the 20th day 
August* of February and the 15th day of August then next suc- 
ceeding in each year, unless on <his Own lands i and if say 
person oft the east side of the said mountains shall kill or 
otherwise destroy any deer within the time before des- 
cribed, and contrary to the meaning and intent of this act, 
every such person shall forfeit and pay for each and every 
# deer so unlawfully killed or destroyed, the sum of 40s. to 
be recovered before any justice of the peace, and applied 
.as is by this act directed ; and in case any servant or slave 
shall, otrthe east side of the said mountain*, kill or des- 
troy any depr, between the 20th of February and the 4$d> 



mm 



« , 



«mhmi 



\ 



• ffiBdTS AWO LtAATlCt. $*£ 

* * 

If Ailg&st in any year, the owner of such sl*ve< $hatt Ittl 
liable to pay the sum of 40s. for each deer *o unlawfully 

i killed pr destroyed, to be recovered and applied as jtefore 

^ directed. ; 

IX. $ 5. It shall, not be lawful 'for any fferson *r ptr- QUfit3i# 
soos on the ' eafct side of the t Apalachian mountains, td onothett 
hunt with a gifti or with dogs on the lands of any pthet l 
person, without leave obtained from the owner of the said ' 

1 land, uncjer the penalty of forfeiting five guilds for every 
offence, to be recovered by#he owner before any justice 

* df the peace df the county where saejh t>ffence is com^ • ' 

* mined, or the offender resides, and applied, one half td 
his own use arid the other half to the ua< of the county.;' 

r Provided that no such recovery shall be had for the of- • • ' - . 

fence aforVmetationed, unless the owner of the land shall, , 
\ fcy advertisement posted up ta two or more public places,* 

have forbidden, the persons so punting by ti ame, or all 
I persons generally to hunt on his land, previous tb the of* 

* fence; Provided also, tha]t recovery shall not be had in* ' 
any case whatever, unless^the prosecution is commenced' 
ftithin one month after the offence is committed* » 

. , X. $ 7. All fine? imposed and recovered by virtue of FHiet tgfll 
this act, shall be one half to the use of the informer, theP Ue ^ 
other half to the use of the poor of the county Wherein the 4 
offence shall be committed, except sucluas aire otherwise 
directed. 

1801. C31* 

XI. | 1, Upon any conviction hereafter for said of- ftmi^ 

fence of fire^hunting, the court in which the same is made,"* 11 ** 
| on his failingr to pay the fine prescribed by 1784, c. 33, 

shall be, and is hereby authorised and empowered to, sen? 
! teace the person or persons convicted, to such term of im« 

prisonment & may be judged adequate to the punishment . 

•f the pffe&eej not exceeding two months* 

; ,v JAlLOIta. 

- See Chun** fiscApep, Fee*. t 

IDEOTS AND LUNATIC& 
1 - 17H. CIS. . . 

I, $3. ft shall and may be lawful for ever? £6\lnif 

courji in this state, wherever any ideota or lunatics shall bti - 
within thf jurisdiction thereof, to appoint him or her a 
guardian, takuag bond for the faithful administration of 
Ac trust areposed in thecny in the same manner &d bonds r 

L 2 --•"•' 



%7-U tDEOTS AND LTOATJC& 



* » 



hrc taken from the guardians of orphans ; and such guar* 
djaus, when so appointed, shall continue daring the plea- 
sure of ,the court, and shall have the same powers, to *Q 

* intents, constructions and purposes, and shall be subject 

i to: the same ruje^ orders and restrictions as guardians of 

orphans appointed by the court; such ideocy or lunacy to 

v be ascertained by the inquisition of a jury by virtue of a 
Writ to be issued by such court to tfa* sheriff of the couo* 
ty for that purpose* : > , 

laoi. &» . 

IL $ 1. Whenever, it shall be made appear to aay of 

, the county courts within, this stat$, (seven justices at 

Case* In least 4>ewg present) either by the wardens of the county, 

which esji or rmardians of such lunatic or ideop, that the personal es- 
tates are v t r • •! 2 •* t/ i» r '•« 

to be sold. ^ te °* *"•* lunatic or ideot in, such county has been ex* 
'hausted* or ia insufficient for. his or her support, and that 
fetich rdeot or lunatic is likely to> become chargeable on 
the parish, then and ia either of such ca»es, the said 
tounty counts are, and are, hereby empowered, to make 
an order for the sale, or for the renting, of the real estate 
of such ideot Or lunatic, or any part thereof, m such taan- 
tier and Upon such terms, a* they may deem advisable*— 
.And all sales made in pursuance of this act, shall be waHd 
to all intents and purposes to convey the whole interest 
and estate directed to be Sold, by the couo4y courts as 
aforesaid* > - * 

• ' iair. car. 

til. § 1* Whenever it shall be made appear to the sa- 

Petition to twfaction of the superior court of law of any county is 

riorewt thi* state,* Upon the petition of the guardian of any ideot 

or lunatic, that a sate of any part of the personal or real 

estate of such ideot or lunatic is necessary for his or her 

maintenance^ or for the discharge of debts unavoidably 

incurred for his or her maintenance; said court shall be, 

and it is hereby empowered- to' make an order for the sale ] 

of such part of the personal or real estate of said ideot ^ 

or lunatic, and upon such, tenfris as said court fchafl think 

proper : Provided, that no order shall bp mride for the 

sale of teal estate until said court 4* satisfied that the 

V *m Wn °k personal property has been exhausted : And pro- 

' vided that said court may if it think proper, drdersaid 

petition to be filed spd their order of sale to be- deferred 

until the next of kin or presumptive heir at lair of said j 

ideot or lunatic have been summoned to ahew tause a- 

gainst said petition, if any they have, either by sitomons 



X 



mmmmm 






» • 

pejj&oaaHy served upon *he*t^ or by^&tfverfisettient, as in '* 
ether cases of petitions* notices and advertisements arc 
ordered to be made* - 4 ^ * 

; , ^ JEOFAILS, 

, . 1768. C. 1. 

f. $ 45. All the statutes of Ieofpils and amendment** 
which now are in force \n England, are herehy declared 
to extend to and be 5a force jn th;s colony* ? \ 

xnt c.3. ] 

II. $ 35/ All the ataiut.es of England and Great Bri- 
tain for \he amendment of the laW^ commonly called Sta- 
tute* of Jeofails, and which were heretofore enforced iq < 
this territory by any act or aCt$ of the General Assembly. 
under the late government, are hereby declared to have 
continued and* to be now in fan force in thf s state, ana 
shall be duly observed by all judges a?df justices of the 
several courts of record within the same, according to thg 
true intent and meaning of the said statutes, unless where 
the same are or may be altered by this or any Qther act* . 

' 1/86. c:i4. > • , 

III* 9 3. No instrument of writing which contains the 
9ibatatice, shall be lost or. destroyed for .want of form* 
Jkbatemeat, Amendment, Appeals, Indictments, Justices. • 



\ 






ILL&GtTfMATB CHlLDttEN. 

See, Intestate*, ' ^ 

• ft * 

IMPEACHMENT. 

1795. C5, 

1. % t. Whea any /article or articles containing crimi- Mods of 
tal or impeachable matter, shall be exhibited to the pw***d- 
Genera! Assembly agaitist a public officer t a notice, signed £ener*u e 
by the- speakers of both houses, shall issitc to the person Assembly 
•ceased, requiring him to appear within fifteen daysV at against a- 
the place where the legislature may^ be in session; aadj^![^ 
upon his so' appearing, it shall be the duty of tfye clerk peached . , 
of the house wherein the articles of impeachment were 
first introduced, to furnish him^upoo application, an at* 
tested copy of the articles exhibited, together with copie* v 
of. all documents, depositions or papers in the possession 
of the house, which the person aecused may deem neces- 
sary to his tjefence or exculpation ; and he shall also be 
allowed to mak^, in waiting addressed to the General. A*» 



£f4 mwwoHMiinv. 

. f embly, such answer to the articles exhibited, nod sues) 
f ^indication of his official conduct, as Be may think pertit 

peat or material ; whereupon it shall be lawful to. proceed 
in the consideration of the articles, and if it shall appeir 
to a majority of both houses, that the person charged ha4 
J>een guilty of criminal or impeachable oondutt, he shall 
thenceforth st^nd suspended from the exercise of tys offi- 
cial duties, and shall immediately enter into bond, payable 
to the person who shall Win the exercise of the execu- 
tive branch of the government, in such sum, and with 
such sureties, as' the legislature at Uie time may think pro- 
per to prescribe, due regard being had to the nature of the 
offence, and circumstances of the offender, for the pur* 

Eose of enforcing his appearance at the court before which 
e is to ba tried, as hereinafter mentioned ; or he may be 
committed to prison until he shall find sufficient bail, or 
Stand committed without bail, as the two hbuses in their 
discretion t^ay direct: But in case the person accused 
shsrll fail, or refuse to appear upon the notice and within 
. the time aforesaid, before the General Assembly, it shaty 
be lawful to proceed to the t consideration of the articles, 
and If admitted by a majority of each bouse, the speaker 
shalf yrithout delay issue a warrant to apprehend him;-* 
which warrant shall be in the following form, to wit : 

Bon* of To the sheriff of die county of and to all and simralar the she* 

^arranifbr riffs, coroners, and other judicial and ministerial officers of this 

tpprehen- state : Whereas articles of impeachment have been exhibited and 

$ng- any admitted in the present General Assembly* against for certain 

officer im« high crimes 6c misdemeanors against the state ; Be whereas the said 

peached* hath failed upon notice given to appear and abide the order of 

who isila the General Assembly ; You the said sheriff of the county of and 

to appear all and singular the sberifls, coroners, and other judicial and minis* 

according terial officers, of each ani every county Within this states are there- 

typyVipe. fore commanded totajtcf the body of the said if to be found wkh- 

9 . in your respective counties, and bring him before the court of 

. _ for the district of on t(ie day of to be dealt with aoc fd~ 

ing to law; and for your or either of your so doing, this shall be a 

s sufficient warrant. Given uudereur hands and seals, &c 

* f II. § 2, The court for the trial of impeachments, shaD 
Itop^Jcb? be held by the judges of the superior courts of law for the 
.<n.**t,by time being, at the court-bousc of the district wherein the 
Sh° m ^^ °ff*nc« is charged to have been committed, at the terms 
at SSt 6**d by law for the sessions of such courts, except when 
(irae e*» fcny of the judges of the courts of law or equity, the auojr- 
%ff^Qnsi aey general or solicitor general , may be the person im- 

f cached, in which case the legislature shall elect by joint 
allot of both houses, at least trjree person*, properly qua* 
ft£?dj why ?haUbt stUed Judcesof dte Court of Impeach^ 



^"■MMOH 



MPBACmpN*. Vff 

pent*, te> fa commissioned by the governor for that spe* 
tial occasion, and* whose power and duty shall continue 
' until final judgment of conviction 6r acquittal of the per* * ' 
ion Or person* impeached, according to the verdict of tha 
pry of good and lawful tnen as in other criminal prusetur- . 
turns* shall have been pronounced or, carried into effect;, 
and no longer. * - '  ' % 

III. $3. Whenever an impeachment is admitted, it/ 
shatt.be the duty of the speakers of the. two houses to Xf&ktn 
transmit copies of the articles admitted, together with *~'%t£"?£ 
ytty paper or document iphich may be deemed by the tWQr pePg xothm 
I houses, or- the person impeached, material in the case, to clerk, 
;* the clerk of the court of the district wherein the cause is *■•*?*• 
f directed ta be tried \ who shall. reed ve and preserve the J^S^fo ^ 
! state as records in his office ; and if the offender be not be tried, 
, apprehended, it shall be the duty of such clerk, to issue who U .V 
. the same process, and to use the same means, to enforce JjJ^ v# 
* his personal ^appearance before the said court, as wbuld c\isrk f » 
\ have been legal and requisite, if the prosecution had been ddty in en- 
. founded on the presentment of imjictment of a grand jury : ^cingthe 
I And if the person impeached shall have escaped from the^rf J^** 
\ vate before his arrest, or being arrested* shall break cus- ance. 

tody, and take refuge in another state, it shall be the du-'G^e,^^ 
I tf of the person exercising the doties of governor for the duty where 
[ time being, to take and use* all lawful «nd reasonable ! ie &**?<* 
means, to cause the said Offender to be reclaimed, that g ™Ji ^ 
:" the intentions of this act, and the purposes of justice* may 
. tot be evaded. . , 4 

IV* §4. It shall and may be lawful, in every case Manager* 
where an impeachment la admitted against any officer 5°** a P~ 
| whatever, for the General Assembly admitting such im-J^^fhiT 
1 peachment to appoint by joint bailor of both houses, stfch attorney % 
, number of managers on the part of the state, to assist the *ulieitor 
. attorney general and solicitor general, as may appear to * cn " 

be necessary; and the "said managers shall not only be Cmppeiv 
; entitled to adequate compensation for their own service*) ^ 

but Vhen theattorney general or solicitor genera} may be 
i die person imp t ached, they shall be^and are hereby au- 
thorised to employ counsel for and at the expense of the 
state, . 

V. $ 5. When a judge of any of the cctynfs of law or when * 
equity, vr the attorney general or solicitor general, shall ja^eor 
he. impeached, and the General Assembly shall appoint m * att01v * 
judges of the court of impeachment qp aforesaid, it shall lic'itor gr- 
be lawful for them,.and they are hereby authorised to re- nend is tin* 
\ J^r© the cjeri* ojf the superior court of law for the dis- f^stak 



t . 



&7& . IMPEACHMENT. 

dKhe su. . trlct in whidh the offender is to be tried, to attend at thf 
pehor time and place which shall have been prescribed by the* 
22Jj[j2/{S General Assembly for .the. tri&l of such impeachment i 
coart of And it shall be the duty of the said clerk to attend from 
impeach* day to, day; and act as cjerk of the court of impeachment; 
meut v , for which he shall be entitled to the , same fees that are 
His fcc«.* a ^ u * * n ot\\tr criminal prosecutions, to be taxed by the 
"fcc. . court and levied by execution' in the usual manner, upon 

the property of the persoq impeached i and also such fur* 
1 ther sum for e^ptra services, to be paid, by the ^public, as 

the court may think reasonable. . And the judges of the 

court of impeachment respectively, shall be entitled to it- 
Feestotbcceiye, in full compensation for all services rendered bf 
judges of them* the sum of 5l.^per day, .during the time they may 
of C im- Ur ^ be °M*g e d to remain 'at the place appointed for trial, toge* 
^eachraent the? with the sum of 25s. for every 10 miles travelling m 

and from the said place ; Which sums shall be paid by the 
m , treasurer^ upon the warrant of „the governor, as in other 

VI. §6. It shall and may be lawful for the judges of 

Tbeirpow- the court of impeachment, and they are hereby amnions* 

erinre- ed to require the attendance of the. sheriff of th<6 comity 

1!!!!!!!^! wherehv the court may* be ftolden* and such number of 
attendance ,, A ■" t_ l , # • 

of siienif, constables as may appear to them to be necessary during 

kc. otthe the' course of the trial ; and previous to the meeting of 
county m ^he said court, the judges are also hereby authorised and 
process to required to issue writs, or cause them to be issued bf the 
the justi- clerk, to the sheriffs, of the several counties composing the 
ce» to oh- Ji^tj-ic^ i n which the offender is to be tried, directing 
^ Cf v ^ them to convene a majority or the acting justices of the 
' / peace of their respective counties, on a day or da}'* to bt 
appointed by the judges, tot the purpose of making out 
lists of jurors, whose qualifications and characters shall be 
1 v abbv* all exceptions, and Svhose numbers shall be thf 
same that ar?' usually returned to the superior coertof 
law from each of the counties respectively* And- npoa 
the said justices making out and delivering to the sheriff 
within each county a list of jurors as aforesaid, it shall he 
the duty of th€ several sheriffs' ibrthwithto summon them 
to appear at the time and place appointed for the trial of 
the impeachment; for which service they shall obtain 
certificates from the clerk, to be paid in the same roaaa** 
that other jurors are paid for attendance ; they shall take 
the same oaths that are usually administered in criairoal 
prosecutions, and for nonrattendance, negligence er mis* 
behaviour, be subject to the samepenaUie* and forfeiture* 



MM 



THD1AN9, £79 

VII* $ 7* Alt process respecting any impeachment p^^. ^ 
shall be returnable to the court in which such impeach- case of im- 
AcnC is to be tried ; And "when offence* are charged to peschi»ent 
have been committed in more districts than one/ it shall ^^T 
i' be lawful for (he General Assembly to direct in which of &©* 
the said districts the trial shall be had ; and all necessary 

Cccss pre v toils or subsequent to the trial, shall issue and 
returned accordingly* > And it shall be the duty of the . « 

clerk «f the superior court of law, wherein any trial of 
impeachment is' directed or had, to preserve the proceed- cierfc'sdt* 
.' ings of the' court of impeachment in his office, as records tj there- 
t. wWih may be resorted to as such, and shall forever after* uppl1- 
be entitled to all the credit and authenticity, whi<;h are 
by law usually given to the attested proceedings of any 
ether court of original jurisdiction in. this state. 

VIII* $ 8. Front the time of the admission of the im» ' 
peachmeot by .the general Assembly, the salary of the q,liryof 
person impeached shall be withheld until, the final result f n ,>tach- 
? of the trial be made known to the treasurer; whereupon ed with- 

if he be acquitted, the aalaf? shall be paid without cleduc- h l eld ^ in1 ,* 1 
• A «_ 'c i_ -i_ j the final 

, turn, in the same manner as if no such ^uapeneion had f esuU-©f 

taken place ; but in case the p^rsqn impeached be convicts th« trial, 

ed, all arrears of salary shaSl not only be considered as &0 * 

forfeited," but the offender shall be removed from office, 

snd shall be thereby,, and thenceforward, rendered iocar 

pable in law to hold or accept any office, of profit or trust 

tinder the authority of , this state, for such number of " 

years as the court trying the impeachment shall think pro* 

per to adjudge, and moreover be further liable to suffer 

such other pains, and penalties as toe judgment of th» 

court shall inflict* «■ s 

See Governor^ 

IMPRIBONM&NT. 
Ike Iq&ctmeiit, Justices, Runaways. 

• ' v INDIANS. • , 

VsojrrrtTiTTiasr. 

1* $ 4S* No purchase of lands shall be made pf the In- 
dian nations^ but on behalf of the public, and by the ad* 
thority of the General Assembly. » 

i l • 1817. C.19. \ 

II. § 1. It shall not he lawful for the entry taker of 
Ha^vood county to suffer to be made in his office, any a^J^T* 
entry for land lying within this state to the west of the 
Une run by Meigs- and Freeman* * * 



>* 



A$& iNDlCTMBKTS. 

r$n*Jt». • *'*• $ *• *f tn * * a *d entry taker shall ehffeY ahy cnlry 

or entries to be made in bis office of said land, he shall 

forfeit and pay for eaob and evfery # &uch entry or entries 

v the sum of five hundred pounds, to be recovered by an 

action of debt before any jurisdiction having cognizance 

thereof, one half to the use of * the person suing for the 

game, the other half to the use of the county of Haywood. 

¥ RepMJof *V* $J« The third section of die act of 1809, is hereby 

$nner «6x repealed and made void, and this act snail be in force ftnm 

and after the ratification thereof. 

t SeeCktue, Hon* ind tW«. 

lNDICTMKNTSj 

' BILL or bight*. 

I. § 7. In all criminal prosecutions, everjr man ha* a 
: * * tight to be informed of the. accusation against him, and to 
confront the accusers 1 and witnesses wkh other testimony 
and shall not be compelled tri give evidence against him- 
self*- * 

' II. § 8, No freeman ahallbe put td answer any crimi- 
iiial charge, btft by indictment, presentment or impeach* 
Went. r," •* 

/ III. $ 9. No freeman -shall ^birtonvtcted of any crime 
but by the unanimous verdict of a* jury of good and law- 
ful men, in open court, as heretofore used; 
.' IV. $ 10. Excessive bail should not be neijiprcd, Dor 
excessive fines imposed, not* cruel oi* uhusual punishment 
inflicted* v '  

V. $ 12. No freeman ought td be taken, imprisoned, of 
disseised of b/is freehold, liberties o» ori'vilegea, or out* 

Jawed or exiled, (jr in any manner destroyed oj depriv : 
ed of bis life, liberty, or property, but by *the law of tue 
land. '  v • 

cosmnTTift*, 

VI. $ 36. Indictments shall conclude- agalng (he peace 

and dignity of the state. "* v 

\17T. C. ± 
VIL §94. Every person accused of any xrime or mis- 

 fl^dta*^ demeanor w hatsoefer, shall be entitled' to counsel in iU 

* matters which may be necessary for his defence, as well 
to facts as to law; and every pef son bn trirf for hisWei* 
may make a peremptory challenge of nhirty-live jurors. 

1779. C. 4- - ^ 

dbAt tf.U. Vltl. § 19. If the state afcall fail, upon the ptDseru- 

* tion of any ofleuce-of an inferior nature, the oourt may* 






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U their discretion, order the costs to be paid by the JJrti- 
tecutor, hi case such prosecution shall appear tp hare been 
frivolous* or malicious ; and ia case the defendant shall 
fcot be able to pay costs, or the court shall £ot think fit to 
tordcr riie proseeutdr to pay the same, then and in that 
rSB8t, the clerk of the soperior and county courts shall 
( grant a .certificate of attendance to such witnesses,* in man- «9es WI^ 
ser as tickets art directed to be granted td witnesses in ■*••■* ?• 
fivU Causes* 

lrs* c. at* 

IX, $ 3. In aH erhttfaal prosecutions fcefeafter to b# 
lad by indictment or presentment in the county courts, if 
shaU be sufficient to att intent* and purposes that the bill <>M*4t 
ibali contain the charge against the criminal expressed in Sweats 
s plain, simply intelligible and explicit manner, and that gfad* if 
no bill of indictment' or presentment shall be quashed, or sqftcitiit 
judgment arrested for or by reason of any informalities 05 2&^* * 
refinements, where there appears- to the county court suffi- ^ 
fcient in the face of the indictment to induce tbtm to pro* * 
W to judgment ' 

' Jt. 5 i. All anil every person who shall be found gull- cdetfefl 
fo of any charge exhibited against him or them, by in« may be bt* 
(LctmeOt or presentment, and shall be fan willing o? unable «d&» 
to pay the office fees* that are of may be consequent there* ***** 
fe»t fchftU ** Wred #U* by the sheriff of the county Where • *** 
Inch person it Qt duty be ctmrfcted,' for* such time as any 3 r^o# 
person will. take hind br thetn to *erve for the said fee* and L ^^ 
charges, the laid sheriff first %dtrertisinjg the sidle arid 
ftafce of hiring at least ten days previous thereto* 

Vtef* C. % ^ 

XI. $ 1; Whta an Indictment shall b& found By any 
if the ftriittd jtirie* withm this state, afcd a ndlle prosequi Gos£ 
afterwards entered, it shall ahd may be lawful, on appii* 
tation, for the court in which such indictment was pee* 
ferred, to say atid "determine whether siich prosecution 
Iras promoted on frivoloiis Ot malicidufr pretences and 
grounds, and if so, to decree that the prosecutor should 
Ee Subject to pay and discharge the cbsts thereof* 

1811. C6. 

. XII. $ i. From and after the firitda? of March next^ ^n fl ©r^ 
k tdt criminal prosecutions, which may be had by indie t*» dietntft 
toefct or presentment, ift any of the superior courts of law, * t fe i< £ tf 
it shall be sufficient to all intents and purposes; that the** to be 
tell ahall contain the charge against the criminal, express- <j[a»fcc4 



882 ' IN/UNCTKWS. 

Ibr infer* in a plain, intelligible and explicit maimer; and that no 
mahtiei* bill of indictment or presentment shall be quashed, or 
judgment arrested^ for or by reason of any informalities 
or refinements, when, there, appears to the court sufficient 
in. the face of the indictment to inducje them to proceed to 
judgment. * 

1816. fc.20. 

XII* § U When any person shall hereafter claim his or 
her benefit of clergy, upon conviction of any fcloqy, and 
the same shall be alldwed, it shall be in the power of the 
court before which such conviction Was bad, instead of 
the burning of the hand of such convict, to order and ad* 
judge him or her to receive one ox trior e public whipping* 
or to pay a moderate pecuniary 6ne in* the. discretion of 
the court, under all t])e . circumstances of the case, and 
* the entry of such judgment shall have the same legal ef- 
fects and consequences to all; indents and purposes as if 
the. person so convicted had been burned' in the hand, ia 
' ' % presence of the court as heretofore practised* 

Accessor en, C mmissions, County Courtis, Duelling, Fences, Fi*urfa,G»» 
m^ng, Hunting, Ordin*r>es, Overseers of Hoods, Perjury, PrcsentfliCBt 
gbenfis, Slav ea* W eigbu and M easurea, 

INJUNCTIONS* 

' .. 1792 C 2. 

Against !• $ !• In future, no injunction, bill or other process in 
the state equity, requiring a,afay of any execution obtained against 
tob?Kra a c * l * zcn or citizen^ on the part of the state, shall be grant- 
ted ed by the judges ^hereof, o* any of them, until the cpm* 

' plaioantor complainants shall first produce a. receipt from 
* - the public treasurer, shewing the actual payment and dis- 
charge in full of all such part of the judgment obtained at 
aforesaid, as he qr. they by their bifi of complaint shall 
- not on oath be reafy to declare is unjust* 
Suspend- % H $ 2 - All injunctions and other process which may 
ed nro. hereafter be obtained as aforesaid, in consequence of judg* 
ceedingsto ments to be had by the state, shall be returnable aod re- 
J^jl*. turned to the court of equity for the district of Hillsbo- 
'rough* and the hearing and decree, in such cases shall be 

« had' in that court only* 

- • 1800 C. 9. 
III. §')• No injunction, commanding the stay of aft 
Oath and cxecuilon obtained in any court of this state, except on 
bond be- judgments in actions of detinue, shall be granted by the 
f - »t» judges, or any of thin** for any other or greater sum than 
issues? 1 * W ^ at l ** c cofeplainani or: complainants shall on oath tic- 






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IN30LVEVP DEBTOKS. X gS3 

clare tq' be just, and not* until said complainant or com«*. # 
plainants shall enter into bond tilth sufficient securities, 
before the master of the court of equity whence the in- 
junction issues, for the payment into court of the sum 
complained of, and all costs apon the dissolution of the 
injunction. , 

IV. $2. 'No injunctfoti to stay an execution shall isstie tf injtme* 
but within fourmonths alter the judgment at taw is ob- ii»»»» u> i»- 
iained, unless it shall appear from, thv oath of the com "™f, b ^4 
plainant or complainants to the judge before whom appli- months. 
cation is made for an injunction, that said application has 

been delayed in consequence of the fraud or false promi* 
sea of die plaintiff at law, practised or made at the>time of 
or after obtaining judgment, or unless it shall appear on 
oath that the said complainant or complainants was or * 
were out of the state at the time of entering up judgment, 
so that application could not be made within the time a- 
fbresaid. * . 

1*10. Clfc 

V. $ 1. Prom and after the. passing of this act, in all flow in. 
cases where bonds are given on (he obtaining pf an in- junction 
junction, and said injunction should be dissolved, the said ^JpJJ^ 
bond shall be proceeded upon in the same manner, and ceeded on. 
under the same rules and restrictions that bonds are. pro- 
ceeded upon in cases of appeals' from the county to the 
superior courts ; any law, usage or custon to the contrary 
notwithstanding* 

v f INQUtRY. 

See Practice, Judgment by Default, Pleadings, Process. * 

INSOLVENT DEBTORS. 

1773. C. 4. 

is now are or hereafter Ho W to ^ 
nev>ro&ess|»r ejtecuiiun ;;eleaaed 
araed inclose Jfcon Jy ,mn y m " 
the sptfefr Sf ty e^ty days, it shall and may* be lawful for Sent." 
two justicfV^f the peace, or any two of the judges qf the ' 
inferior, or any one of the judges of the superior c/tuns of 
this province, either in or out of court, upon petition or 
petitions of such prisoner, under his or their hands and 
seals, whereof notice shall be given to the person or per* 
sons; his or their executors, administrators, ,attornie$ or 
agents, at whose suit such prisoner or prisoners shall be 
Imprisoned, to require the sheriff, gaoler or keeper of anf 




prison, within their respective jurisdictions, to bring b* 
fore such justices of the peace, judges of the inferior court 
pf pleas and quarter sessions, or Judge of the superior 
court issuing such warrant* either t* or out of court, the. 
body of any {person being in prison as ^foresaid, together 
With a list of the several writs, mesne processes and es* 
locutions, with which he, she or |hey is At are charged hi 
the several gaols as aforesaid } which warrant every suck 
sheriff, gaoler or Jkeeper, is hereby copmi&ndcd to obey, 
*nd such prisoner or prisoners coding before the said jus-» 
'tiees or judges, (the creditor or creditors, if resident ia 
this province, at whose suit he is confined* being Erst per* 
aonauy summoned according to A the directions of this act) 
|f he, she or^hey have no visible estate, real or personal, 
%i And shall make* oath before die said justices of the peace, 

or judges of the inferior Court, or judge of the superit 
court, respectively issuing such warrant, that he hath 
the worth of, 40s. sterling money, in any wordly substai r , 
^ % cither in debts owing to him or otherwise howsoever, & ^ I 
and besides bis wearing apparel, working tools, and arms 
for muster^ and that he hath not at any time, since his 
imprisonment or hefsfre, directly or indirectly, sold, as- 
signed or otherwise disposed ot, or made over in trustier 
himself or otherwise, any part of his real or personal es» 
tate, whereby to have or expect any benefit or profit to 
Jiimself, or to defratid any of his creditors to whom be is ' 
indebted : and if there be no person present that can prove 
the contrary, then such person, by such court or justices, 
^rithout form of trial, shall be immediately set at liberty } 
hit execution may issue against ani{ estate afterward* <*• 
fuirei by such insolvent debtor or debtors taking the ben* 
Jit of this act. But in case such person be afterwards dis* 
covered to havte sworn falsely, he shall be indicted for per* 
jury, and if convicted, shall lose both hip cars in the* pit* 





lory, and be liable to sat'^k the dgbt ap d 

rendyd hfcanpble^f ta^% tae^ttiefct^spftis'act^ ^ 

* 1 1^| 9* Tie said justices of the peace, jpi£r^t*of AH 

' inferior, and judge of the superior court respectively, be-™ 

JjKtafbi ore whom such prisoner or prisoners shall upon oath have 

returned discharged themselves, when the proceedings are before 

(9 court, them out of court, -shall put the same in writing, under 

their hand% and return the same into the court from 

whence the mesne process or executions issued, there to 

be" kept on record, under the penalty of 5l. proclamatiea 

money, for each judge or justice, for such omission m4 













7?6u. Ae>t>iA~ 






1 * 



I 



INSOLVENT DEBTOR* 3JB5. 

ftegleet, to be paid to the person injured by order of the 
paid court. 

III. § 3 If any person or person* now are*' or hereaf- 
ter shall be taken or charged on mease procesa or cxecu- 

^ tion for any sum, and shall have remained in prison by ? chc< *££ 
the space of twedty days, and shali have any estate, real ° 9*°?^ 
•T personal, and bi^sainded to deliver up {us, her or their 
effects, to his, her or their creditors, H shall be. lawful for 
such prisoner to prefer a petition to the court from whence 

* the process issued, setting forth the cause of imprison- 
ment, and an exact account of his or their estate, and all 
circumstances relating thereto ; which petition, subscribed * 
by him, her ^r them, and schedule, shall be lodged with 

the clerk of the said court from which such process issued, 
twenty days at least before the next succeeding cqurt, and 
upon aueb petition so filed, the clerk of the said court 
sbaH issue under his hand and seal a copy of ^he said sche- 
dule, and a notice to the creditor or creditors at whose) 
suit such prisoner or prisoners are or shall be confined, 
setting forth die substance of the said petition, Vnd sum* l 
froning of them to attend the. next succeeding court, "to 
shew cause, if any they have, why the prayer of the said 
petition shouldt not be granted ; which notice being duly 
served upon the person or persons, his, her or their exe* 
, tutors, administrators, attornies or agents, at whose suit 
such prisoner or prisoners shall be imprisoned*, ten days 

* at least before the sitting of the said court, the court shall 
order the said prisoner or prisoners to be brought before ■• **? 
them ; and if the said creditor or creditors at whose suit - 

he is imprisoned, shall appear, or being duly summoned 
shall fail to appear, the court' shall proceed to examine the 
feature of the said petition in a summary way, and shall 
render to such person an oath to the effect following, (which 
see under Oaths, 27* J 

IV. $ 4. If such prisoner take such oath, and the court 

be convinced of the truth thereof, the schedule so subscri- Prisoner 
bed being filed with the cjerk of the court for the better wl « ased * 
information of the creditors of such prisoner or prisoners, , 
then and in that case it shall and may be lawful for the 
court before whom such oath was taken, by warrant te 
command the sheriff, gaoler or keeper of any prison, forth- 
with to set at liberty such prisoner ; which warrant shall 
be a sufficient discharge to such sheriff* gaoler or keeper, 
and shall indemnify him or them against any escape or u- 
escapes, or action or actions whatsoever which shall or 

«ny. be brought, tQ9UM«ft*4 or prosecuted igpiost him or 



£66 IKSOLVFNT DEBTORS. 

them by reason thereof ; and if any such action shall be 
I commenced against any sheriff or other officer, tor per- 

| forming his duty in pursuance of this act, such sheriff oar 

\ other officer may plead the .general issue, and give this 

! act in evidence* 

i y. $ 5. h\\ the lands, tenements and hereditaments, 

^* ut j C ? n " which shall oc contained in such schedule, tor such u«, 
; J^ HC te. interest, right or title, as such prisoner or prisoners tbea 

lulettbt shall havte in the same, which he or she may lawfully d*» 
. told. p art withal, and also all goods and chattels whatsoever, ia 
such schedule also contained, shall be vested in the she* 
riff of the county wherein such lands, tenements, heredi- 
taments, goods and chattels, shall' lie or be found; scd 
such sheriff is hereby' authorised, empowered and reqair 
ed to sell at public vendue, and convey the Bame to any 
person or persons whatsoever, for the best price that cm 
* be got for the same, and the monies arising by such sde 
shall be by such sheriff or 06V er, upon oath, paid into uy 
hands of the clerk of the superior court ol the district 
where such prisoner shall be confined, for the uses and 
purposes hereafter mentioned, saving to every such priso- 
ner his or her necessary apparel and Utensils, of trade. 
CfimmiW VI- § 6. The judges of the superior court shall appoitt 
sioners. & two commissioners, who shall have full power to ezamite 
d.su-i u. j nto t ne ; daims of all and singular the creditors of the 
rau. Ph) person or persons imprisoned, as well those at whose suit 
he was committed, as of all others: and the said commis- 
sioners shall, by advertisement at the court-house of the 
district, or rn some public newspaper or gazette, make 
' x known the time at which they purpose to examine sock 

claims (which shall be within sixty days after their bcm( 
appointed) and upon such creditors, their executors or sd- 
ministrators, agents or attormes appearing before them, 
and satisfying them of the justice of their claims, thef 
shall proceed to make distribution amongst each and ever/ jj 
of the creditors so appearing, in proportion to their re* 
pective demands ; and the clerk of the said court is here- 
by directed to pay such monies so received upon tk 
sale of such insolvent's estate into the^hands of the vU 
commissioners for the purposes aforesaid. 

VII. §7* The person of such debtor so discharged* 
Person e* ghaii never be arrested for the same debt, hit ekec*ti9* 
future *r™ ma y * 6SUe against any estate which the send insolvent debt* 
Ft*t. cr or debtors may afterward* acquire* 

VIII* $ 8. Where the party at whose suit or instiate 
any 64tti 'debtor shall be confined in execution, does a** 



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rUf^i CT*j4vt it* &t^ of Jus Otwxs frerM * a/z&*+i 
U JwL/kaJ /h* 4rtU9, fa jAJalili^H Thud* 

(run*. S&Asdf, Jan. Atf A^^^^tZc^t^ ***<$* & 



INSOLVENT DEBTOR*. 



1 



a*( 



as* 

 reside in this <?olony, nor bath any known age^t op $&or~ Notice to * 
\my here, it shall and may be lawful and sufficient for sucii attorney at. 
^solvent .debtor to give, notice of Such his intent ion to 
ftake the benefit of th6 said act for relief of insolvents, to 
the attorney at law who prosecuted the*suit against Kim ; 
ffcodjilsu where the debtor shall have remained in execu- 
tion tor the space of twenty days, it shall be lawful and 
sufficient lor the sheriff or gaoler, in the like cases, to fop ^^ 
give notice thereof to the attorney ytho prosecuted the suit, fee*. 
.aid to demand security of him tor the prison fees that 
! shall arise after the expiration of the twenty days, and if 
he, shall iail or refuse to give such security, then to dis- < 

charge such debtor out of custody. 
[ * IX. if at any time hereafter any person beingtaken or Debtor* 

charged on*mesne process or execution, shall not be able u O abfe . to 
;to satisfy or pay his or her prison fees, shall after the ex- ^ t?bJT 

fixation, of twenty .days be discharged by the creditor ; discbartf* 
.and i^e sheriff or gaoler may demand or recover of the *d. 

party or parties at whose suit such insolvent person shall 

be imprisoned, all such fees as shall become due on ac- ' 

count of such imprisonment* 

X* § >10* If any person who shall take suqh oath shall 

• upon indictment of perjury be convicted thereon, he shall P«uft*yiir 
♦suffer all the paina of tfilfol perjury, and.shail be liable to m * °* tU ' 

fce taken on a new process^ and shaU never after have the 
Ibeircfit of this act. 

2[L § 11. Where by this act an oath is required, the Quakers 
soltmn affirmation of a Quaker shall be taken in lieu there- may affirm 

* of; and every person convicted of wilful and false affirm- 
ing, shall suffer the like penalties % as for wilful and corrupt 

1808. C. 11. 

XII* $ 2. In all eases of executions against good ^ and Be* and 
chattels, and in the case of insolvent debtors applying for[ ur " rt " e 
discharge, one bed and its necessary furniture, the pr<>- lowed in 
perty of the defendant or insolvent, shall always be deem* cases of 
td and held exempt from seizure, and' be excepted like ewutfons 
forking tools and arms for muster, in the oath to be t* m ^t&bu 
kgaby the insolvent. ors. 

1909. C.S. * • ' Ko person 

XIII. § U Any person or persons, who may hereafter ^^nt 
be imprisoned for debt, shall not be permitted ,to take the debtor'* 
oath of insolvent debtors, unless he shall continue within oathuniess 
Ac walls of said prison for the space of twenty days. jSif 111 



^^-**1 



* * 1810. C. 15. 

Article* aIV. In all case* of execution* against the goods irhd 
%ot to be chattels, and in the case of ftrsoivent debtors applying for 
taken m ^ jj^hju^^ oa C tfheel and cards, also one loom, the pro- 
" petty of the defendant or insolvent, shall always be deettt- 
ed and held exempt jfom seizure, and be excepted, like 
working tools and arms for muster; in the oath to be takefl 
by the insolvent ; any law, usage or custom to the contra? 
ry notwithstanding* 

C.80- 

__ __ XV. The )aws noir »tt force lit th'rt state granting any 

tended to privilege to insolvent debtors, are hereby extended to att 

feec per- free persons of colour, under ttye same rules, regulations 

aontofco» atH } restrictions, to all intents and purposes, ^.s the act* 

now are to insolvent debtors : any thifrg to the contrary 

notwithstanding* 

181$. c 9. s 

XVI. The justice* of the peace of any touftty within 
Tfrho mat** 1 * 8tate » *hz\\ an( l ma y legally cause to be brought be' 
afoiiDisfcer fcrc them, any person confined fof debt within the jail of. 
Ibroatfc their county, and. tp administer to him,- her or them the* 
oath prescribed or the releif of insolvent debtors, and 
grant him, her or them a discharge as well when the exe- 
cution un^er which the person of said debtor is confined 
has issued from the court of another county, as where ft 
issued frorn the cpurt of their own county ; Provided, that 
nothing in this a^ct shall be construed to repeal that part of 
aaid recited act which requires notice to be served on the 
creditor or creditors of such debtor or debtors* 

t&flOLVENT TAXABLfefc 
See Taxes. 

i 

INSPECTIONS AND INSPECTORS. 

1784. C.2&. 

„ . I. $ 2. The justices of the county courts of plead 
Inyectots ^ nt j q U arter sessions of the respective counties shall be* 
Y*>;nt«f by an< ^ arc hereby authorised antf required to nominate sod 
c't| court, appoint, in open court, on* or more fit or proper person 
or persons, residing in the said county, to attend at such 
times and places as are by this act appointed and directed 
to inspect all such beef, pork, rice, tar, pitch and turpen- 
tine, staves and heading, fish, flour, butter, sawed lumber 
Thetrdoty and Shingles, as shall be exposed to sale for exportatiof 
within the respective counties according to this ectj ini 



INSPECTIONS AND iftSPECTOHS. 18ft 

* . 

kvery inspector so appointed shall before he enters upon To girt 

or executes his office, enter into bond, with two good and bond. 

sufficient securities, in the penaHy of 5001. current money, 

for the true and faithful discharge of his office according 

to the directions 64 this act, which bond and security 

every such court respectively is hereby empowered and 

required to demand and take, and cause to be ackn^w* 

ledged before them in open court and recorded, and the 

said bond shall be made payable to the Governor or Com* 

nunder in Chief for the time being, and his successors in 

office, and shall be in force for the term ot three years 

after such inspector shall be out of office, and in the name 

of the Governor or Commander in Chief for the time 

being, any person or persons injured, iriay and shall, at 

his, her or their costs and charges, commence and prose* Bfc A . 
T -^ • .° •_ j ^ a l ^ Wow to be 

cote a suit or suits on such bond against the parties rroC reded 

therein bound, their executors or administrators, and shall on for a" 
aod may recover all damages which he, she or they may br*»*fc» 
We sustained by reason of the breach of the condition' 
thereof, and the said bond shall not become void upon the 
fim recovery, or if judgment be given against any plain- 
tiff or plaintiffs who may sue on such bond, but may be 
pat in suit and prosecuted from time to time for the be- 
nefit of the party or parties injured, until the whole pe- 
nalty expressed in such bond shall be recovered ; If any 
verdict or judgment shall pass for such inspector or his 
security^ the person or persons at whose instance such 
suit shall be prosecuted shall pay double costs : and every 
•Vcb inspector shall take the following oath (which see 
*nder Oaths. J 

IL § 3. The county courts, at the death, or on the ThepoWtr 
disability of any inspector, may appoint another to sue* of appoint- 
ceed such inspector ; aod if any death should happen in ,n fc suc * 
the vacation of such courts, any three justices of such ctBi0W# 
court may nominate and appoint, some other fit and pro- 
per person as inspector until v the next succeeding court 
for such county. 

Ill $ 4. The places and landings hereafter mentioned 
j »re hereby appointed for the inspection of said articles,no jj™^^ 
| which places all the said commodities shall be brought, for the so./ 
examined and inspected, according to the directions here* ▼eraicoun- 
Wter mentioned, that is to say, in New-Hanover Coun- ties# 
>tv, at the town of Wilmington, New Topsail Inlet and 
.'South Washington ; in Brunswick county, at Brunswick, 
.Walkersburg, and Eagle's Island, opposite to the town of 

N 2 



£90 INSPECTIONS AND INSPECTORS. 

Wilmington, and the* great Island below the Flat*, *&<£ 
all other convenient landing^* provided the inspector ap* 
pointed by the court of Brunswick for the landing on 
Eagle's Island opposite Wilmington, do reside in that 
town : in Onslow county, at Swansborough, Bear Inlet, 
New Mver Inlet, and all other convenient landings: in 
Carteret county, at Beaufort, David Bell's landing on 
White Oak, and Abraham Dudley's on Houston's Creek) 
in Craven, at Newbcrn, at Newbern Club Foot's Creek, 
Lower Broad Creek and Swift Creek Bridge, and at 
ffarrWs landing; m Beaufort, at Bath, Washington, 
tttoad Creek, South Dividing Creek, Durham Creek, aai 
Blount's Creek; in Pitt, at Martinsbbrough, Lanier's 
landing, £« Salter's, Duprec's and Ellis's landing, Spiers'* 
landing, the Red Banks and Simpson's landing ; in Hyde 
county, at Woodstock <md Log-house landing; in Tyireli 
at Ballard's wharf, C miby, and Other convenient places ; 
in Chowan county, at fcdeuton, Rocky Hook, Black Hah's* 
Red Banks, Wilder's Ending ; in Bertie, at the landings 
heretofore in use for lading of vessels ; in Hertford, *t 
the landings heretofore in use for lading of vessels; ift 
Northampton, at Figure's Point, Pitch landing, Jones 1 * 
warehouse ; tn Halifax, at Halifaxtow* and EdwardA 
Ferry i in Edgecomb county, at Tarborough,- and all other 
convenient landings; in Perqiimons, at the landings, 
heretofore used tor lading of vessels; ia Pasquotank 
comity, at Niaomon, New Begun Creek, Pasquotank K* 
ver bridge, Little Rivtr bridge, Simond's CiMk bridge* 
Winfield and Palmer's landing, Possum Qimiurj m 
Currituck, at TullS? Crc k bridge, Moyack Creek, Widow 
Ja*is's near; the Narrows, Indian Town bridge, Checo* 
nocomic, near Thomas Pain's landing at the h&A tf 
Tull's Creek, Currituck court house, mouth of North 
^ River, Cowen-jock bridge, and Lindsay's; in Cumber* 
labd, at Fayetteville ; Cambden, at the. landings where 
commodities have usually been shipped ; Wayne county/ 
Cobb's landing, Spring Bank old store, West Point;— 
Mattin county, at the landings heretofore used ; Dobbt 
i comity i Kinston, Abraham Shtppard's Bryant Whitfield's, 

Bejamin Caswell's landing, Peacock's bridge } Mortgo* 
tnery county, at Allen's landing * Jones county, at Tren- 
ton, Pollock's fe^ry, and other convenient places ; John* 
ston county, Snithfield, and Boon's landing; Gates 
county, at Old Town, Bennet's Creek, and other conic* 
ftient place' ; Provided nevertheless, that any person of 
persons having, at any landing which is not by this act 



■^*^-*r*mwm^-~ ii p m w^P^ww*^^^^«M^w«i«^^jp«Hppiim 



INSPECTIONS AND INSPECTORS. gfll 

appointed a place of pablic inspection, a quantity of mer* 
chandize for exportation, ard being desirous to ship the 
, same directly on board a ves^l v>r exportation frofp 
4uch landing, it shall and may be Vwful for such person 
or persons intending to ship and «p3f* the said merchan- 
dize as aforesaid, to call any inspector, who is hereby re- 
quired to inspect and brand the same, under the rules 
find directions herein mentioned* 

IV. $ 5. Where any .such inspector shall be appointed Inspectors 
by th|« act to be held in any. town that sends a Represen- of certai ^ 
tative to the Assembly* the court of the county wherein JeTicte 
such town is, shall not nominate, or appoint any other in- therein, 
spectors for any such inspection but spch person or per- 
sons who shall during his continuance in offtce reside ifi 

inch town* 

V. §6. No master or commander of any ship or ves Penalties 
sel shall take on board his ship or vessel any such cask or °" m 4st ** 
barrel, or otherinspectable commodities as aforesaid, with- fo/^^-y. 
out being inspected and branded as by this act is requir- ing unw- 
ed, under the penalty of 1001. for each offence, one hajf »pectedtr- 
to the informer, and the other half to the wardens of tlje tiQAeg * 
county wherejm the offence shall be committed, to the use 

. of the poor of such county, to be recovered, with cosis, 
by action of debt in any court of record having cogj&i- 
iance thereof, 

VI. $7* No naval officer srjaH enter any ship or ves- jf ast erof 
3cl before the ma&ter or aomipander thereof shaH have ta- vessels to 
ken the following oath : u You shall awear that you will take an 
not export in the ship or vessel whereof you are master ****** 

• or commander, any barrel of beef, pork, rice, taj*, pitch, 
turpentine, fish, 4eur, or butter, that shall not have an in- 
spector's brand thereon, except such as shall be necessary 
for the vessel's use": Which oath tbe naval officer of the 
port, or his deputy, is hereby empowered and required to 
administer, and shaU and may take and receive of such 
master for the same 2s. 8dl and no naval officer shall 
dear out any ship or vessel until the master shall produce 
a certificate or certificates from the inspector or inspec- 
tors that his cargo has been inspected agreeable to this 
tct, under the penalty of £01 current money, to be reco- 
vered and applied as before directed* 

VII. $8. Every naval officer, or his deputy, shall grant Naraloffi. 
* certificate to the master or comman4ej of any ship or c*r to crr- 
v essel of his having taken such oath, under the penalty^, 1 "* 1 *" 
tf 2$1. for eay&h neglect or refusal* to be xecovered and B uctioatk« 



&Q£ INSPECTIONS AND !WSPECT01t& 

applied as herein -before directed ; for which certificate 
the naval officer shall jpiid may receive three shilling*. 

VIII. $9 Every iuch inspector shall constantly at« 
tend at the places for which he shall or may be appointed, 
Inspector* an <j s hall provide an iron to brand any of the commodities, 
bi~ P ^< ^btariug the name of the inspector and his place of resi^ 
iron*, fcc. <ience, and shall find labourers equally wLh the owner to 
assist in weighing the several commodities he shall in- 
spect and weigh, and also shall find and provide proper 
steilyards or scales, of the 'awful standard, for that pur- 
pose ; and if any inspectqr shall neglect his duty, or brand 
or stamp any of the commodities contrary to this act, or 
brand any empty barrel, or lend his brand to any person 
or persons whatsoever, shall forfeit and pay for every bat* 
' re) or cask of beef, pork or rice, fish or flour, iOl and for 
every barrel of tar, pitch or turpentine, 20s. and forbrandr 
ing any empty barrel or lending his brand, 1001. to be re- 
covered with costs by action of debt, by and for the use 
of any person who shall sue for the same be i ore any ja- 
risdiction having cognizadce thereof : and every other 
person or persons that shall by any ways or means brand, 
or procure to be branded, any cask or barrel as aforesaid, 
than by the inspector or Ms assistant, he or they so of- 
fending, shall forfeit and pay for every such offence the 
same fines and penalties as inspectors are by this act lia- 
ble to pay for breach of duty oY misbehaviour. 
^ IX. § 10. All beef or pork parked rtithin this state, for 
sale or exportation, shall be put in good and sufficient new 
Beef and white oak, or turkey or water oak casks, and all barrels and 
£° r k» half barrels shall be made of timber seasoned <at least tix 
months after the riving, the heading not less than three 
quarters of an inch thick, and Well dowelled, twelve good 
substantial hoops on each cask, and the whole to be tight, 
fit to hold pickle, and made in a workmanlike manner, 
and the meat well salted and curtd, with at least hall a 
bushel of salt to each barrel, and nailed and packed, aid 
not any boar's flesh in any barrel of pork, nor any beadi 
or bull's fl.sh in any barrel of beef; and every barrel cf 
Act of salted berf which shall be exposed to sale an, or exportid 
17VlV.W*f rom fhis state, shall be of the guage of 28 galbniwfr* 
measure, and no more* and shall contain 200 fauna's vteigM 
of salted meat y and not more than two shins ; and cvrry 
merchantable barrel of salted pork, which shall be exforlti 
from % or exposed to sale within this state* thall beoftht 
guage of 29 gallons of wine measure, and each barreled 
contain 200 pounds of salted meat, and not more then ft* 



\ 



mmmmmmm 



1 



m* 



^^ 



INSPECTION^ ANP T$fSPECTC|ftSL S#gj 

}eads; and every half barrel of beef and pork shall be> of 
ike gU'jge oft 5 gallons of the r^eaaure aforesaid, and shall 
contain 1 JO pounds of salted meat, and if b.etf not more 
than one shin, and if pork not more than one head This 
act of 1791, c. 20, $ 1, shall not re,acfi or afevt any con* 
tracts for beef or pork heretofore made ^r entered into* E- Bictf 
very cask of rice ah all be filled with sound and well clean* 
ed rice, and after the same has been inspected , found 
good and merchantable, every such barrel shall be by hi pi 
branded as aforesaid, and a certificate thereof given to * 
the owner, bearing date in words at length the same day 
Such commodity was inspected and passed. All fish here- < Fish. 
after to be exported from this state, shall be packed in \ c t of Os- 
good and sufficient barrels, each barrel shall be at least tober 1734 
28 inches in length, and each barrel head shall be 17 1-2. u % 
inches diameter, and shall contain 50 gallons, and macje 
in a workmanlike manner, and full of good sound fish, 
with a sufficient quantity of salt, and shall be in occted by * 

the inspector of the county where the same may be saved, 
at the time of shipping the same, and where the barrels 
shall appear to be good and full of good sound fish, by 
the best information the inspector can make, by examin- 
ing or 'broaching or otherwise, the same shall be deem- d 
k merchantable on the inspector's marking, branding, &c* 
' otherwise it shall not be lawful to export any fish from 
this state. Each battel of flour exposed to sale in, or ex- Floo$ 
ported from this state, by land or water, shall contain 196 
pounds ol neit flour, well ground, bolted and packed, and 
every maker and manufacturer of the same shall brand in 
figures on the cask the riett weight of the same, with the 
first letters, of his christian name, and sirname at full 
length ; and every cask made to contain flour for sale or 
exportation as aforesaid, shall be made of good seasoned 
wood, 26 inches in length, the heads whereof shall be 17 
inches in width, and shall be bound with 8 good hoops* 

X. Every maker and manufacturer of flour shall be o- Maiuiftc- 
bilged to nail each cask sufficiently with not less than 14turerof 
aaiU, and a part thereof in the hoops, that is to say, 4*j ,,,p » lui 
nails in each head and 3 in each of the last quarter hoops ; * ll v ' 
and each miller or manufacturer as aforesaid, shall i"e- c ^^?* 
ceive the sum of Is* for bolting, packing and nailing eve- 
*y barrel of flour bolted, apd that only; and every miller P«n*'tjr 
or manufacturer as aforesaid, failing to perform any or all orneff *** 
of the above requisites and duties, or transgressing the 
saroes^all forfeit and pay the sum of 10s. for every bar-' 
*d by him so manufactured, to be recovered by any per- 



$94 INSPECTIONS A$D INSPECTORS, 

son complaining and informing, before any jurodict)o* 
having cognisance of the same* 

XL Every inspector o4 f flour shall be obliged to bort 
each caskby hirti inspected, with a piercer of the length of 
Inspector's t h e cas fc y an d n ot less than half an inch in diameter, and 
charges. * shall brand on the same, in words of full length, the qua- 
lity of the flour, either fine or superfine, as he may judge 
the same to be ; and every inspector a* aforesaid shall he 
allowed the. sum of 6d. for each barrel so branded and in- 
spected by him ; and every inspector as aforesaid shall, if 
required, give the owner of the flour so inspected and 
branded a certificate of the same, and shall keep a record 
or book of inspection of all .flour so branded and inspected 
as aforesaid, setting forth the owner of the flour and mil- 
ler's name, with the quality pf each cask. 
Penalty XII. If any exporter or owner of flour, after having 
for fraud the same inspected, shall attempt to "rep*' k or adulterate 
after in- anv fl our by him received, either by mixing or putting o* 
■pec ion. ^ er fl cPr into the said c^sk or casks, in order to defraud 
the purchaser, such owner or exporter shall forfeit and pjjr 
the sum of I Oh to "auy person claiming or Informing, for 
every such offence, to be recovere4 before any jurisdic- 
tion having cognizance thereof, 
fr tt XIII. Every inspector fatting to perform the dutitt 

gaipst m- and requisites above mentioned, in respect to Jlour^ shall 
•pectors of forfeit and pay the sum of 5U for every offence by h^mto 
-four. committed, to be recovered by action of deb^ before up 
jurisdiction having cognizance of the same, by apy perseja 
c mplaining or informing thereof.  

XIV. Every barrel of pitch or turpentine shall contain 
thirty-two gallons, and be free from any fraudulent mixture, - 
Titch and an( j j n g f)0c j an ^i sufficient casks made of good seasoned 

staves, and well secured by twelve good hoop* and the joint 
of the herd placed perpendicular to the bung, and before 
it be branded by the inspector shall be weighed in hu 
presence, and shall be xoeli filled vith good pitch o turpep* 
tine ; and if any pitch or turpentine shall be found by the 
inspector to be fraudulently mixed, the same shall be cos> 
demned and forfeited to the use of the poor where tie 
same shall be, and may by the wardens thereof be cleansed 
and sold for such use ; and every barrel of tar shall be 
of the guage of thirty-two gallons wine measure, and every 
barrel of lesrsize, or in bad ctsks, not being two-think 
bound with hoops, shall he put in merchantable order at 
the expence of the owner ; and every barrel of tar, pitch 
and turpentine, after the same shall be inspected, guagod, 



^ 



wnmMHPP 



^1 



inspections And inspector^. £95 

■m 

found dean, veil filled, and in merchantable order, shall 
be by him brslnded. Water shall not be accounted a frau- 
dulent mixture in any tar, but in such cases, the; barrtl 
fchall not be branded by any inspector until the same is as 
free from water as it can be made* 

JCV. § 13. Every maker of tar* pitch or turpentine, shall Tar &c. to 
mark or brand every such barrel with the initial letters ot J*!J? ke ^ 
his or her name not less than one inch long, under ^cr. "**" 
the penalty of Is. for every barret as may ,not be so 
branded ; and every person so failing or neglecting, shall 
also pay one half-penny per barrel to the inspector for 
the same with the initial letters of the maker's name, 
fetich fee shall be paid by the person paying the Jees of 
inspection, and by him may be charged to ihe maker ;— 
and every inspector shall keep a book, in which shall be Inspect 
fairly entered the maker's flame and mark of every barrel tor ' s ***?' 
of beef, pork, rice, tar, pitch and turpentine, flour, fj^h and 
butter, the number of barrels landed, the merchant or 
Ihipper's name causing the same to be inspected, and the 
time of inspection, and shall give a certificate of any par- 
te! to any person requiring the same, on 'payment of Is* 

XVI. § 14. No beef* pork, rice, fish, flour, or butter penalty 
•hall be shipped on board any ship or vessel for expor- for ship. 
tation after the expiration of sixty days frofn the time the ^|n«8C8L* 
lame was inspected, nof any tar, pitch or turpentine after u u t see 
the expiration of twenty day 5, until the same shall have act of mi 
again been inspected, and certificate or certificates granted P°* L 

in the same manner as if such commodities had never been 
fetpected, and every person offending herein shall forfeit 
five hundred pounds, and the master or commander of 
such ship or vessel -shall be liable to the same penalty 
as for taking on board any of the said commodities with- 
out being branded. 

XVII. $ 15- All staves and heading which shall be sold Staves aM 
fit shipped for exportation, shall be. of the following di- llCildiI V- 

.nvnsions,* otherwise not merchantable, to wit : Butt stave* 
shall be 5 feet 9 inches long, 4 inches broad and an inch 
thick on die heart or thin edge, and free from sap ; pipe 
*taves, 4 feet 8 inches long, 4 inches broad, 3-4's of an inch 
thick on the heart or thin edge, and free from sap ; hogshead 
ttaves shall be 3 feet 6 inches long, 4 inches broad and 3 4's 
of an ineh thick on the heart or thin edge, and free from sap' ; 
barrel staves sh&U he 2 feet 9 inches long, 4 inches broa I 
4nd 3 4's of an inch thick on the heart or thin edge and 
free from sap ; white oak hogshead headings ^hall be 32 
niches long, ,6 inches broad, and 1 inch thick on the heart 



^8 mstoctioKs axd mspfcctOES!. 

or thin edge, and free from sap ; barrel heading shall be 
Id inches long, 6 inch* s broad, and 3 4's of an inch thick 
on the heart or thin edge, and clear of sap ; which s»aid 
several sorts and kino's shall be of the aforesaid diincn- 
tions at least* and made of sound timber. 
Bowls & XVIII. § 16. The dimensions of boards, plank, scant* 
plank, ling and shingles, shall be as follows, or otherwise not 
icantltae merchantable : all shingles not less than 18 inches long, 4 
* in * C9 inches broad and 5-8*8 of an inch thick, well made and of 
sound timber } and no boards or planks shall be deemed 
merchantable or passed by an inspector, that is not free 
from any split, nor less than 12 inches long) hath no edge 
less than half an inch thick, and as near as may be of an 
. equal tl'ickness at each end $ and every board, plankj 
piece of scantling, Or other square timber, being marked 
with the number of more superficial feet than are contain- 
ed therein, shall be forfeited to the wardens of the count* 
for thesis? of the poor thereof* No staves or heading, 
shingles, boards, plank or scan ling, shhll be inspected^ un- 
less required by the purchaser; 

XIX. § 17. No cooper or other person whatsoever 
Coopers to making casks, shall expose to sale any barrel or half bar* 
*** nAlhe,r rel for the holding of pork or be^f, other than such *s 
"penalty are °y t* 1 * 8 act directed to he made for that use, under the 
for neglect penalty of 20s. and every coop* r or other person making 
barrels or half barrels, before they expose the same for 
sale, shall set his or her proper brand upon the same, 
which brand shalt>bc recorded in the office of the cleTk 
of the county, court where he or they shall reside, under 
the penally of iol« for each and every neglect 5 and every 
barrel tor tar, pitch and turpentine shall be branded in 
manner aforesaid by the maker thereof, under the penalty 
of 5s*' 
Certificate "^* $ ***. Every seller or exporter of beef, port, rice, 
arid oath tar, pitch and turpentine, fi*h, flour and butter, shall pro- 
oithcsel- duce the certificate of the inspector who inspected the 
leroi-ex- same< anc j ma ke oath or affirmation, if required, before 4 
justice of the peace, on delivery of the goods sold or ex- 
ported, that the several commodities by him to be sold or 
exported are the same tha; were inspected and passed, and 
do contain the full quantity mentioned in such certificate, 
vithout embezzlement to his knowledge ; which oath or 
affirmation the justice s*haM a no" is hereby required to 
certify on the back of the certificate, which certificate the 
seller shall deliver to the buyer of such commodities sold, 
and the pcrton exporting such commodities shall deliver 



"•-^"^■■■•■H 



W^MBHH^HPW^WMim 



flitch certificate to the master of the ship or Vessel oh % 
board which the same fchall be shipped ; and if euch seller ' 
*r exporter shall refuse to make oath or affirmation he 
ahall far every such offence forfeit and pay toe suih of 

XXL $ it* No person holding any post or place of fensill 
profit, by deputation or orHerwise, shall be appointed to ^fjj** 
the oflce of inspector, and no inspector ahallgbe capable of ^°^f 
being decked a member of Assembly ; and if any persoh of lining 
khall be appointed to tueh office, and shall acdept of any to* 
post or place of profit after such appointment* he shall be 
tendered incapable of holding his said office of inspector, 
and the court shall proceed to appoint another inspector 
la the room of such person, occordingto the directions of 



XXI r. $ St. The fines and forfeitures by this act in- ****>' 
fitted, for which no method of recovery or amplication is ££J*Jj3f 
herein before directed, shall atad feay be recovered with * applic)} 
edsts before any jurisdiction having cognizance thereof, 
see half Co the use of the prosecutor, and the other half . 
to the county Wherein such penalty shall be' incurred, to 
he applied by die justices of tie itferiot court toward* 
lessening the county tax* 

XXIII. $ tt. No inspector, by himself or others, shall ***** 

Crchase any callings, or othef articles, that do not pass JJwlSr** 
pectiori, upon pain of forfeiting SOL to be recovered and baying *e» 
applied in like mfeaner, as other fines and forfeitures are *■*■■■£•* 
by this act. psweo. 

irst c. a. 

XXIV* 9 6. No inspector shall hereafter refuse t6 pass Whaif 
ted brand any barrel containing any inspectable comma ^q^b%T 
dity on account of width or thickness of the staves, pro* 
tided no stave exceed five inches in width, and is at least 
Arte quarters of an inch thick at the chime? or cross, and 
of proportionable thickness in the bilge* 

XXV* $ 9. It shall be lawful for the inspectors to itv> H y^ 
spect att hogVlard which shall be exported in casks, res* ^^ 
pwting the quality thereof, for which the inspector shaft 
he entitled to fees similar to those allowed in pork, res- 

Ject being had to the size of the cask ; aftd the article of 
og*t fat or lard shall not hereafter be exported unless hi 
cypress or juniper casks, and inspected, under the peine 
tod penalties indicted by the law tor exporting uninspec^ 
: «d pork, beef, or any other commodities liable by lew t% 



fci 



tNSteCTIONS AKD WfftPfiCTOftS* 



% . .W .cir. 

Ajii inspection fs 



A^n inspection is hereby established on N%use Kive^ 
j&t HarrU's landing or ferry , heretofore Br yap's, oadcr 
the same rules,' regulations and restrictions, as direct*! 
t jby act, Apfil t Z84. C 26 ,- and tbf county court ef Cn- 

ven ^re directed and empowered to appoint an inspector 
lor said grading, at the same and in the eajne manner 
other inspectors for said county are appointed* whs 
•hall have die same advantages, and be subject » 
the same paintt. and penalties, as other inspectorial 
commodities by him inspected and passed shall be rociy 
chantahfe ajpd proper for shipping, ip like manner ^fkb 
jthosfe inspected by other inspectors above the Towa d 
Newbern* 

4791/ C. If 

Ifispefctorl . XXVL $ B« All public inspectors of commodities Jjtrt} 
fo hok * tofore appointed, and who shall be hereafter aiyojmctfr 

« duhnJr sKaU hold tbeir °* Ecc during 8Pod behaviour : Provided ae- 
goodbdu- venhdese, that where apy inspector shall be guilty of mil* 
viour. fM-actice or misbehaviour in his office, on cpmpiaim beisg 

jnadt? to the county -court, they shall issue a. citation and 

Trial of cause him or them to appear before the sajd court at th* 

tmtooHX 'b enduing term* add if the charges shall be suppprted by good 

and sufficient testimony* . and confirmed by the verdict «f 

Injury, they shall remove such inspector from his sail 
* office, wd appoint another in his stead, who shall bold fan 

office during good behaviour as aforesaid. 

im cis. 

CoonW XXVII: $ i. The several county court? m tWs s&te 

"cour^fnay *»ay appoint such pl^ce or places of inspection ia their 

appoint in- respective counties as they m*y think necessary, prop* 

spection^ ^j eppy^nient, a*d*o appoint one pr more ihspectors kt 

tore XduJllfiK P*« e . or plactJS whose duty it shall be to inspect 

eretion. such jrfticle or articles as by law are required, which art 

Ofcnfey be brought to Msrplace of inspection fqr that pur* 

pose t which inspectors, when so appointed, shaltaihe tbt 

Hame oaths* and be subject to the same rules, regulation 

and restrictions, and be entitled to the same .benefits aa4 

Itmirtomcnt* as directed by the several acta of Assembty 

jra forte ia this state* 

p 1796. C.19. 

^ Koin- • XXVIIL $1. It shall not be lawful for any persoa 
tpeeuir to Apfpjftted inspector, qgreeablp fo the act of Assembly for 
W-*«tm establishing inspectors, to appoint any prraqft afM^y 

*<P*x* ta Mt \ n M ^ fgft f intptc^pm under him or them ; but 



"■¥■ 



*w 



'«.- 



r*r 



{N&PfKTqOKp AMD jnswctob^ g|o 

it shall be die duty of ewery rasp* ctor so appointed* *Q , 
atieud personally to the inspection* of all articles or pro* 
"ducc which the said inspector is entitled to inspect * and 
if aj# inspector shall employ any person or pcirgQu* to act 
t* aioresaid, such inspector shall forfeit aad pay the sum J*??* 1 * ^ 
of iOOlf to he recovered by action of debt, in any court of e *"* 
fecor+haviag cognizance thereof* for every such offence^ 
one half to the use of the state* the other half to the per* , 
son suing for the same. ^ < 

1799 C &. 
X^IX. $ It No person shall inspect any saw mtB luio- ***^? 
her, staves or shingles without being first qualified as di-^^SS 
rectcd by 1784, Q. 26, under the penalty oj 201. for every lumber^ 
soch offence; to t>e jrcpovered by any jurisdiction having without 
cognizance thereof, one half to the use of the state, the JUJJ qtta " 
other half to the person suing for the same. * 

XXX. $?. Any thiree justices of the peace fqr the coup? Sjuaticea 
ty including such place of inspection, shall be at liberty t^^^ay 
appoint one or pore pcraoqs to act a$'ip*peetort until thq appoint* 
next succeeding county court. ' meats* 

XXXI. $1. Ifany miller or a&anufacturer of flour shal} Penalty 
put up flour ii| any barrel, for the purpose pf sale or ex- for |JJJl il V 
portation, which barrel does not contain one hundred and nSproptp* 
finetysi* pounds nett flour, welt ground, bolted anc^y. 
packed, or shall not brand on each barrel of flpur the nett 
weight of t)ie4OT<r in figures, andplso the first Inter* of 

his christian uacps, and his surname, at full length? or, 
shall put pp flour fqr sale or exportation as aforesaid, in a 
barrel not made of good seasoned oak or ash wood, ?6 inches 
in length, bounded with ten good hoops, and with heads 17 
laches in width, cvpry such miller or manufacturer so <>f«" 
fending attinst any of the said provisions, *haU forfeit 
tod pay the, sum of A. to Ve recovered before any juris- 
diction having cogniawice thereof, by any' person suing 
for the same. 

< X$XII, % 2. When any person shall sell any barrel or incveof 
barrels of flour not containing the full quantity by Uw re- deficiency 
paired, the purchaser, unless, there shall he a special con- ^V"** 
&act to the contrary, shall be allowed to recover the value * 

of the deficiency in an action op the case, for money had 
pud received, before any jurisdiction ^i?ving cognizance 
Of the samp. . i 

XX XII I. N % 1. An inspector of flour «ball be appointed lupectmt 

Weach oi jthc folio wii^g plapcf, to wif ; ; fyyettevi)]^ W^- **""* 1 



r 

ftyg mraCTIOm AND INSTECTOKft 

letppoint. ttfr gtnn, Nettbern, Edenton, Washington, Tarboraugfc 

cd. and Plymouth. ' 

«. tob XXXIV. 6 2. The courts of the sever*! counties in 

^^^ which the places aforesaid are si tuate, shall, at the?* fint 
court fcf pleas and quarter sessions which shall be held in 
said connties after the first day of January in each tnd 
every year, not to* than ten acting justices being present, 
nominate and appoint a person of good repute, and who it 
a skilful judge of the quality of flour, at each of the pla- 
ces a'bresaid f and in case of the death of any person so 
appointed, or his refusal pr neglect to act, the justices of 
aaid counties, respectively, or any three of them, shall, u 
qoon qs conveniently may be thereafter, meet together sn4 
Appoint some pther person in the room of the one so dead, 
refusing or neglecting to act, who shall execute the da- 
ties of his off ce until the? next court held for the county 
where s)Uch v** juicy may have happened ; and at sock * 
CQurt, the justices shall appoint, in manner before direct- 
ed, some person to be inspector of flour for the residue of 
the year. 

XXXV* $3. All bolted wheat floor, pud every call 

I lour to be thereof, brought to any of the places) before mentioned for 
Mucfac 8a i e or exportation, shall be made by the miller or msaa» 
*** facturer thereof, merchantable and ctf due fineness, and 
without any mixture of coarser flour, or fjaur of any other 
grain than wheat. 

XXX VI, $ 4, All flour casks which ahall be brought 
^.^ to any of the before mentioned places for ante or export* 
M^Mhe tion, shall be well made with goofcfeasoned mate 

icgily 



wdl made, tightened wlt|i ten hoops, sufficiently nailed with fear 
1* nails in each chine hoop, and three nails in each upper 

bilge hoop ; and the flour barrels ahall be made of tbefct 
lowing dimensions, to wit i the staves shall be twenty-se- 
wen inches in length, ^nd the head seventeen and one half 
inches, in diameter; and half -barrels of the following di- 
mensions, to wit : the staves shall be of the length of twea- 
ty-three inches, and th? diameter of each head twelve sat 
one half inches, 

XXXVII. $ 5. Ever miller of flour for sale or expof 

MUItrs fetation, shall provide and keep a distinguishable niark or 

triad brand, containing the initials of his christian name and his 

t^£&"^' girname at length, whir which he shall brand every band 

fWty- f fl our> m( | mark thereon the 9 ctt and tare weight, be* 

* fore the same shall be removed from the place where it 

was boiled, under the penalty of forty cents for every ctsk 

«f4K>v m frayed, «m*M wd bw^d, «d4 »^W » 



/ 



■WHOl 



dcsTOtnoNa and* inspectors. -00% 

aforesaid, to be recovered from 'such miller who shatine* 
gltct to comply with the directions of this act, or from 
the person who shall bring such lour to any of the plates 
aforesaid for sale ; and in case said penalty should be re* 
covered from the person bringing such flour for sale, such 

Krson shall and may recover the same from the miller or 
Iter from whom he purchased or received the samer 
Provided it appears, that he gave notice to said miller or 
bolter that he intended to carry the same to one of the 
places aforesaid for sale or exportation, and that he re* 
quested said miller or bolter to secure and brand said 
barrels. 

XXXVI JL $6. Every miller or bolter shall pjat in whfttea< v 
each barrel the full quantity of one hundred and ninety bwr«l an3 
•ix pounds of flour, and shall put into each half-barrel the b **£ b * m ? 
full quantity of ninety eight pounds of flour ; and if any £££ "** 
one of them shall put into any cask a less quantity than is 
directed by this act, he shall forfeit and pay for the defi- 
ciency of each pound the sum of ten cents* 

XXXIX. $ 7. The inspector, upon suspicion, or at the 
request of the purchaser, shall, and he is hereby required ajtg ^ ^ 
fo unpack any cask of flour, and if there shall be a lessmiyiw^ 
Quantity than above directed, the miller, bolter or seller, pack flout*- 
shall pay the charges of unpacking and repacking, over , 

and above the penalties aforesaid f but . otherwise, the 
charges shall be paid by the inspector, or by the purcha- 
ser, if the trial be made at his request. 

XJL. $ 8* Each jyid every cask of flour brought to any Maimer* 
of the before mentioned places for sale, or to be from which***,* 
thence laden or shipped for exportation, or which in said ,haU be / 

£ laces shall be manufactured for sale or exportation, shall eJU ^ lM *~ 
P submitted to the view and, examination of the inspector 
of such place, who shall inspect and try the same by bor- 
ing through the cask from one head, with an instrument 
not exceeding half an inch in diameter, and equal in length, 
with a barrel of flour, to be by him provided for the pur* 
pose ; and if he shall judge that the same is well packed 
and merchantable, according to the directions of this act, 
he shall plug up the hole and brand the cask in the qdkr* 
ter with the name of the place in which he is inspector, 
with a public brand mark, to be by him provided for that 
purpose, and shall also brand and mark the degree of fine. 
Bess which he, on inspection, shall determine the same to 
he of; which degree shall be distinguished as follows, to 
wit: superfine, fine, middling, ship-stuff. For which 
tyriblct the inspector shall haw «d teceivo from the 



i fU3 INSPECTIONS AND INSPECTORS. 

bwner of such flour, the sum of five cent* for each cask 
by him thus inspected. And no inspector shall pass any 
flour which shall prove on examination to be uumercnant- 
ablc, agreeable to the true intent, and meaning of this act, 
but shall cayse the same to be marked on the bilge con* 
demnedy or secure it for father examination, if required ; 
which examination the owner shall procure to be made 
within twenty days, and the inspector shall and may de- 
mand and receive from the owners thereof, the same rate 
and price* as if Che same had becd pasted. And it shJl 
jiot be lawful for any person to export or lade on board J 
of any ship or vessel for exportation out of this state, any 
barrel ol flour marked condemn? / by an inspector : or to 
export or lade on board of any ship or vessel for exp»r» 
, taiion out of this state, any casks or barrels of flour not 

iuspecxed and branded as aforesaid, on p tin of forfeiting 
ten dollars for every cask or barrel of flour exported or 
put on board of any ship or vessel for exportation* And ^ 
whereas it may so happen that cyil disposed persons nay 
pack flour and meal in old ca$ks, which have been pre- 
viously branded agreeably to this act, by which means ib4 
* * valuable commodity may be injured at foreign markers* 

XLI. J 9* If any person shall pack flour ot mealofanf 
kind whatever in a cask which has been inspected and 
fcrack-^ branded with the nam* of a miller, such person shall for* 
in* flou/m fc/it and pay the sum of twenty dollars for every barrel so 
-*td ca«k» packed for .sale ; to be recovered before any justice of the 
peace* one hajf to the use of the informer, the other half 
to the miller who has been injured by such false packing 
and lie further liable to the action of the party Aggrieved* 
XL H. § 10. Every inspector of flour, before he entcri 
o.ith t» be on the execution of his of&ce, shall make oath or aftrma* 
taken by ^ ^ on ^ u t j lat ^ w ju without favor, affection, malice or dsj* 
Xor. n * PeC " tiality, inspect all flour brought to htm, and which he snail 

^ required to examine ; that no flour shall be passed or 
anded by him without bis inspecting the same ; diathe 
Will not brand, or cause to be branded as passed, any cask 
or casks of flour, that do not appear to him, to the test 
of fcis skill and judgment, to be sufficiently clean, well 
ground, sweet and merchantable ; that he will mark on all 
casks of flour the degree thereof, according to the dire* 
tiors of this act ; that he will carefully examine the cask* 
in which flour brought for inspection shall be contained; 
and that he will not pass or brand any such /eas^s, unless 
{hey be ot such size, goodnes aad thickness aa by this act 
required, mm , 



ntstacriws and nrspEcrora. fjog 

XLI tl. § 1 1 • No inspector of flour shall, directly ot in? No inapec. 
directly, purchase any flour by him condemned, or an£ tor to be a 
fctber flour whataover, other than for his crtvn use, under £" Jjjj^ 
the penalty of seven dollars for every barrel by him pur- ' 
chased* 

XL IV* $ 12« If any person shall alter the mark brand* Penalty 
cdon any cask of flour by an inspector; or shall mark &r f«>ralterin(f 

brand any cask oNour which has not beep inspected, with if*?? 1 * 

il l j • m • • 'T^ r • otan in- 

lay murk or brand similar to, or in imitation of any in »p cioi f Vc. 

spec tor's mark or brand ; or after an inspector shall have . f 

passed any cask of flour as merchantable, shall pack into A ' 

such cask any other floor ; or after any cask of flour shall 
be brand d "condemned?* shall unpack and repack the 
same in other casks for exportation, such person shall for- 
feit and pay the sum of seven dollars for every cask. 

XLV. J 13. The courts of the several counties in inspeetot* 
which the before mentioned places are situate, may, upoiJ m*y her* 
conviction, at any time remove from office, ahy inspectof fij^ c fft ce 
of flour, for neglect of duty, malfeasance or corrupt prac- 
tices, and appoint another inspector to fill such vacancy 
for the residue t>f the year. 

XLV I- $ 14* Each and every forfeiture afid penalty, n w for.* 
by this act imposed (except those mentioned In the ninth feitWes < 
section of this act) shall and may be recovered in an ac- *^ l ,Ib 5 rfc 
tion of debt, before any jurisdiction having cognizance 
thereof, to the use erf the person suing for the same. 

'lOLL C 2. 

XL VI I. $ !• Whenever any person may think himself owners 6f 
Iggritved by the improper decision of any inspector of flour per- 
flour within this state, it shall be lawful for the ^net™^ j^ 
thereof, or hisr agert to secure it for further examination j examined: 
which examination he shall cause to be made within six- 
ty days thereof, by applving to a justice of the peace, 
Whose duty* it shall be to issue a warrant directed to three '- 

©different person* well skilled in the manufacture of flour $ 
One of whom shall be named by the owner or possessor ^ * 
of the flour, one by the inspector, and the third by the 
ttsgistimte; which said three persons,' having first taken 
the oath or affirmation in the before recited act, directed 
to be taken by the inspector, shall proceed carefully to 
View and examine the said flour ; and if they, 'or any two of 
them, shall differ in opinion with the inspector, as to the 
quality of said flour, it sh.ill be the duty of the inspector ^^i^u 
to brand and mark the same according to their judgment, pay t t, e 
tnd moreover shall pay all costs attending the said exa- cost otre- 
ttfbatitmj but if tHry ahaU te«f opinion that the judg- *^~™«? 



$fy4 wsl*BcrrioNs and £t s?ectoi& 

'tnent bf the inspector is correct, the ownet or possessor df 
said flour shall pay costs* 
fr|tM - XLVIII. $ 2. Each inspector, appointed agreeable tt 
*j0£S*b«L ^ e before recited act, shall haVe and receive from the 
owner or owners of all Aour by him inspected, the sua of 
three cents for each cask, and no more ; and for coopering, 
at the rate of three cents for each hoop necessarily fur- 
nished* 
fleeter XL IX. $ 3* If the quantity of flour brought to anj 
authorised place of inspection within this state, should at any time be 
to appoint so great that the inspector cannot examine with sufficient ; 
in certain dispatch I or if by reason of sickness he should be iaca- . 
a*cs» pable of discharging the duties of his office, in such easei 
It shall be lawful for him to appoint one or more persons I 
of good repute and akill in the quality of flour, to assist 
bim in the execution of his office ; such assistants having 
taken the oath or affirmation prescribed by the before re- 
cited act, shall be authorised to inspect and brand fkmf 
In the same manner as the inspector himself might do: 
Provided, that the said inspector shall be liable for til 
misconduct in ofivce of his said deputies, and for costs is 
I fc case of appeal as aforesaid. ' 

L. $ 4. If any master, owner or commander of anf 
Jj^7 of *hip, vessel, boat or cifaft, shall receive any barrel orbamlj 
iajtX ffcr of flouf on board his ship, veesel, boat or craft, for expos* 
exporting tation or transportation from one town or port, beings 
fenimpccu pi ace * f inspection, to another, which is not inspected, 
approved and branded, as in the said act is directed, shall 
forfeit and pay the sum of five dollars for each and eveqf 
cask so received, recoverable in an action of debt before 
any jurisdiction having cognizance thereof, to the use of 
the person suing for the same, 
ft . LI. $ 5. The several degrees of flour shall in future 

JJ^ be distinguished as follows, Co witt Superfine, fine, cross- 
middling, middling and ship-stuff. 
toe*inspec* ^II. $ *** ^°y cask of flour which has been inspected 
tjoo. and branded at any one place of inspection in tins stste, 
shall not be subject to re examination or inspection in ** 
nothe*r, unless after such inspection it shall have remained 
for the space of sixty days before it is exported ; tod « 
all cases, the certificate of the inspector shall be cooclu* 
sive evidenee of the time when the flour was inspected- 
ttoacctors Lllf. § 7. No inspector of flour within this state* or 
>k*w*r*da their deputies, shall directlv or indirectly vend, barwff 
,n ?ml sell, exchange or trade in flour, bread or other artick* 
*qol made of flour, ucder the penalty of lfiQl* to be xtcorciri 



/ 



INSPECTIONS \ND mSPpCTQR^ jg&jf 

by action of debt, bill plaint or information, by any persob 
who will sue for the same to eifeft in any court of record in 
* this state, the one half to the use.01 the person so suing, and 
the other half to be paid to the treasurer of the state for 
public use : and every -person or persons so offending and 
thereof convicted, shall be, and they are hereby disabled 
from acting thereafter in their respective offices* 

LIV. $ 8. The county courts in the several counties in Co*in$ 
this state, from which flour is or may be hereafter exported, Sj^^L 
are hereby authorised and empowed to appoint inspectors specter^. ~ 
of flour for exportation ; and said inspectors so appointed, - 
shall be governed by the same rules and regulations, *ad 
subject to the same penalties as other inspectors of flour • 

are by lay* 

1811. C9. 

LV. § 1. The justices of the county courts of pleas Inspectors 
' and quarter sessions, in and for thejaeveral counties re«-^ tontil ^ 
: cited in the before mentioned act of 'April 1794, C. 26;'^^ 
are hereby authorised and requireid to nominate and ap- by the 
point in open court, one or more fit and proper person or «*unty 
persons, residing in said county, to inspect the article of c ? urt * 
ton timber; and every inspector so appointed, before he 
enters upon or executes his office, shall enter into bond 
with good and sufficient security, under the same rulrs, 
penalties, regulations^ and restrictions, as are laid down 
in the before recited act, and shall be entitled for his ser- 
vices to the sum of ten cents per ton. 

LVL $ 2. If any person shall officiate as inspector of ***«Rj 
any acticlc mentioned in said act, ^without being' legally ^L°^^T 
qualified, he shall for every offence forfeit and pay the #u t ap* 
sum of thirty pounds, to be recovered before any jurisdic- poiotmeoty 
tion having cognizance thereof, to the use of the copnty 
in which such person resides. 

1813. C 5. . 

LVIL $ 1. Within twenty days after the first day of Governor 
January next, the Governor shall appoint two persons of *° app ^J? 
good repute, and who shall be skilful judges of flour, to ofl^ 
act as inspectors of flour in the town of Payetteville ? and 
he shall also appoint one person of good repute, and who 
shall be a skilful Judge of flour, to act as inspector of flour 
in the City of Raleigh ; each of which said inspectors 
having taken the oaths prescribed by law for, bis qualifi- 
cation, shall have power to inspect flour, and brand the 
casks containing the same, under the same rules, reguW- 



306 • ^lXStfHANCH 

tions and restriction* as are prescribed for inspectors of 

flour in this State : And dte said inspectors shall be rc- 

» movabje by the Governor for the time being, for proper 

cause to hi on shewn. 

Flour may LVIII. § 9, From, and after the passing of this act, it 

be *>««*«<* shall, be lawful for the master, owner or commander of 

mineion anv ^ oat or cra ftj to receive on board his boat or craft for 
witRoiit in- transportation from Fayette ville to Wilmington, any bar- 
spe'jtkm. rel or barrels of flour not inspected and branded ; any 
thing contained ih any law, heretofore passed to the con- 
trary notwithstanding. i 
Three LIX; § 3. The several degrees of flour shall in future 
degrees of be distinguished as follows, to wit: Superfine, Fine and 
flour. Cross-middling ; and it shall be the duty of inspectors of 
flour at the several places of inspection in this State, to 
conform their inspection as near as may be to the inspec- 
tion of flour observed, and in use in the adjacent States* 
^^ . LX. § 4. Each Inspector shall have and receive from 
f22s* Ct ° r9 *^ e owtxer or owners of flour by him inspected, the sum 
of five cents for each cask, and no more ; and aH acta and 
* clauses of acts, which come within the purview and mean- 

ing of this act, are hereby* repealed and made void* 

INSPECTORS OF TOBACCO.* 

See Fees, Tobacto. 

INSURRECTIONS* 

J5ee Slaves. 

INSURANCE. 

1803. C. 4. 

Aniiwur- I- $ !• Be it enacted, &?£. that an insurance be estab- 

Prtcecalled lished, to be called and known by the name of u The Jhfw 

Hie M\itu-,j2i<]/ Insurance Society, against fire on buildinga, goods, 

«nc" S Soci- and furniture, in the State of North-Carolina :" The prin- 

etj; ciples -whereof shall be, thatjthe citizens of this state, or 

others, owtung property within the same, may insure their 

buildings, goods and furniture against losses and damages 

occasioned, accidentally by fire, and that the insured pay 

.the losses and expenses, each his share, according to the 

Books to sum insured : And that books be opened in different parts 

Ue opened. f this state, hnder the direction of John Haywood and 

Joseph Guiles at Raleigh : of David Tate and Johti H. 

Stevely at Morgan ton ; of John Steele and Lewis Baird 

at Salisbury ; of William Norwood and WUUafti Whitted 



^^^m 



INSURANCE. 



307 



at Hillsborough; of John Eccles and John Hogg "at Fay- 
ette vjlle; of Gcodorum Davis and. Abraham Hodge at 
Halifax, of Josiah ^Collins, senr. and Samuel Tredwell 
at Edeoton ; of John Devereux and Francis X. Martin 
at Newbern ; of Joshua G. Wright and George Hooper 
at Wilmington, for receiving the subscriptions for iijsu- 
rance u gainst fire* on buildings, goqds and furniture in the 
State of North-Carolina ;' such books to be opened on the 
first day of February next, and kept open until the society R eturns Qa 
shall otherwise direct* That on the first day of May the 1st of 
next, returns shall be made,hy the several persons here M ,*y- 
totore named^to the said John Haywood and Joseph Gales 
at Raleigh, of a transcript of the amount of the suj>scrip- 

. tions made on their respective books, distinguishing, in ' 

such returns, what amount is on buildings, goods and 
furniture respectively; and on the .evtfrit of the sym so if 300 000 
subscribed, exceeding the sum of 300,000 dollars, it shall dolls su'c*^ 
be the duty of said John Haywood' and Joseph G*ies to scribed * 
give public notice thereof, in the state gazette, and to ap- 
point a meeting of the subscribers in person, or by proxy * 
(constituted by delivery of the certificate of subscription, 
the production of which shall be deemed suffiicent, Until 

'Other provisions be made by the society) in the city of e ^ e ^)J 
Balejgh, on the sxteenth day of Jr-* *.ext ; and if the sub- {he 16th of 
scription* at or before the said n* . 3*g, or so sooft there- Joife. 
after as thev shall amount to * * aid sum of 300,000 
dollars at least, the said subset - •- shall be considered g u ^ cr i, 
as a body politic, under the nar.*c if u The Mutual Insu- bers incor- 
ranee Society, against fire on buildings, goods and furrii- porat^d. 
turein the State-of North-Carolina," and, by that name, 1 
shall have perpetual succession, and a common seal; and 
may sue and be sued, plead and be impleaded, answer 
and be answered, defen^and be defended in any court or 
law or equity in this state, or elsewhere, and may buy and 
sell, receive subscriptions for insurance to. any amount, 
Rgr'hase and hold any real or personal estate in posses- 
sion or action, reversion on remainder, for the benefit of 
the society, and for the more effectually enabling of them 
•to fulfil the objects ibr which it is formed ; but nefther the 

* subscribers, their agents, nor any one or more of them, 

shall by liable y> k e &Skd as individuals, for any matter 

•done by the said society; and each person at the time of 

subscribing, 6hali receive a certificate thereof paying 

therefor 25 cepts. 






Rules and % H. ^ *. A majority of any number of members, ng< 
vegula. i es8 than one third in number or value, shall have power, 
tamed! e f rom time to timty to frame and establish such roles and 
™ regulations^ as to them snail seem meet, for the said soci- 

ety, and to alter and amend them at pleasure, which rules 
and regulations shall be binding upon the members there- 
of, to ail intents and purposes, in law and equity ; to fix 
the premiums according to certain rates of hazard, to be 
Officers to paid by the persons insured i and to elect a President, Di- 
be elected rectors, a Cashier General and any other officers. 

Prte.dent ***' § 3# ^ nc P^^dent an<i Directors, -or one third of 
and nirec- them, shall have power, according to the rates of pre* 
tort to fix miucnjs, to fix the quotas to be paid by the persons insur- 
*^ e< ) u " U8 '.ed, for the purpose of making reparation to the injured, 
who shall be proved to have sustained loss or damage by 
fire, and have not directly or indirectly wilfully occasion- 
g ed the fire ; and also for the purpose of raising and keep- 

ing up a fund, that may be deemed sufficient tQ pay the 
annual losses and e*penccs. 
property IV. $ 4. The property insured (but none other) shall 
toured to stand pledged, and engaged as a security, and shall be sob* 
pledged J cCt to oc 8 °^* *f necessary, for the payment of any quo- 
ta ; tjiat in case of a mortgage, or other transier of insur« 
ed property, the same shall continue equally liable for die 
payment of the quotas, as if the right thereof bad remain* 
t ed m the original owner; bujt the mortgagee, or other 

transferee, shall be entitled to receive from the 'seller, aa 
endorsement of the policy of insurance, and to recover 
from him any sums of quotas, which may be due from 
the seller, at the time or such sale, and shall be decreed 
'to be paid out of the property insured, and shall be actu- 
ally paid. The said mortgagee or mother transferee, his 
>heirs, executors, or administrators, shall also be liable for 
any quota becoming due after such mortgage or transfer; 
that any quota, or part thereof, due at any time, by any 
delinquent subscriber or member, may be recovered on 
the motion of the cashier of the society before any court 
of record within this state, giving suc\i previous notice to 
any such delinquent subscriber <|r member, as the society, 
by their rules, may prescribe, aitd such court shall bare 
jurisdiction to hear and determine the same, and to cause 
their judgments to be enforced with costs, by any legal 
execution, saving to any person against whom a motion 
shall be made, the right of a trial by jury) if he shall de- 
sire it. In any action, motion or suit, instituted against 
any person charged to be a subscriber or member, for the 



Recovery of a quota, due from him to said society, any Copy of 
copy irom the books, papers, or records of the said socie- records t» 
ty, as far as such copy relates to the delinquent member bc .^ eatl *• 
or subscriber, certified by the agent general or cashier 
Upon oath, and signed by tbtt president, or, in his absence, 
by any two directors, under the seal of said society shall 
be received as evidence of his subscription and declara-* 
tioo, and have as full faith and credit in all the courts of 
.this state, as if the originals were produced* And the 
agent general and cashier shall, at all times, be deemed 
competent witnesses, notwithstanding any allegation of in? 
♦•crest, arising irom the allowances made them for their 
services. Upon any judgment or decree for a default in Interest tt 
pacing a quota, interest at the rate of six per centum per b * r€ceiv * 
annum, until paid or discharged, shall be included, and pa jdquowr 
the recovery thereof shall be enforced, in the same way, us. 
and chargeable upon the property insured, in the same * 
manner as the principal sum itself. Whensoever it shall Proceed* 
be necessary to resort to the property insured, the &4ftne »>£s to be 
proceedings shall be had against the persons who hold the l** 11 *^ 1 ^ 

{ . ,°. r .'iT rXjr r uninsured 

lee- simple thereof, as in the case 01 the delinquency of a- propcr ^ 
ny subscriber, as above provided for, infancy or coverture 
, notwithstanding ; and in any case arising under this act, 
such proceedings shall be had by direction of the court, as 
justice will permit; any widow, tenant by courtesy or o- 
thfr person having a less estate than a fee simple in the 
property insured, shall pay a reasonable proportion of any 
'•qupta incurring in their life time, to be adjusted by the 
president an^d directors on application As long as there 
thall be a default in the payment of a quota, the property * 

•hall cease to stand insured ; but upon the payment of the 
quota, the insurance* which may have been discontinued, 
thall be revived ; but a person subscribing and not male* 
ing a declaration, shall fork it two per centum on the a* 
Biount of his, her or their subscriptions. 

V* $5. Buildings held by tenants for life, or years, Buildif^ 
widows in right of their dower, and by orphans,*taay be held by 
insured in the aforesaid society. Provided, the declara- ]??*¥*. **•• 
tions for insurance shall be signed by the tenants for life, * e> 
or years, or widows, and the guardians or trustees.of such 
orphans as the case may be, which declarations for insur- 
ance so signed, shall be binding on such buildings, and 
the persons who have signed such declarations and their 
Representatives, and particularly on the actual owners of 
,futh property, in the same manner as if such declarations 
}*& been signed by the owners^ in fee simple of such pro- * — 



p?rty r subject however to the following provisions, limj- 
tutions, and restrictions* In case the house of a tenant 
for life be destroyed by fire, aker insurance, euch tenant 
for life shall annually share from the said society, during 
hi* or her life the interest accruing on the principal so* 
of the loss insured, and the principal money shall be paid, 
 * nfter the death of such tenant for life, to the person cr 
persons who ate entitled to such house or houses, in re- 
version or remainder ; and in case such building be the 
property of an infant, the principal money shall be paid of 
the guardian or trustee of such infant. Provided always, 
that. the society may make and adopt such other rules, n 
* the cases of buildings of tenauts in possession and expec- 
tancy, as to'them may seem just and proper* 

VI. $6. Any person, whose property stands insured, ia 
Tj»p UiFtir- conformity withjthe rules and regulations of the said sa- 
ver Thejp "' c ' trl >"» sna W hare the same mode "of recovery against them 
•lews by bv motion, as is herein before given to them against dtlia- 
i?>oti -n. qckrtts. Provided always, that all suits against the society 
r^Mstihe 8 *^ 11 ^ be brought in the county court "of Wake; thatitsbfl 
wViffty if) be lawful for the said society, to require a greater nan- 
, lie broufc'.u her of subscribers or members, to constitute a met tii*£«<* 
 i w.m. ^p|,j eC ( 9 deemed by them peculiarly important, than tba 
. nnmhtr f herein before mentioned. That, in case no pra*7 
be clone" ^ 8 appointed for any meeting of whatsoever number it 
*-hr-rc may consist, the senator of the county, or representative 
r>mxie9ar£ f the^town, and for want of such senator, the senior me*- 
r 01 .^* ..« bers of the House of Commons, from such county* nttf 
riTiuoun-: act as such proxy. As there may be persons who- wui 
TUf «or<- not . w ish to join the mutual concern, this Mutual Inn* 
• * v ™*f f> !. n " ran*c Society shall be at liberty to insure the property * 
*ms not irt of such persons, on the terms and conditions they cnaya- 

tiie society gree upon. 

1«04. C. 14. 

VII. $ l.'The board- of direction of the Mutual Insa- 

• 1^f>art!of rn nce Society of Haleigh shall he held in the city of Ra- 

directors j t ;„u j n w hich ploce shall be kept the offices of the pra- 

leigU. opal ngent nnd cashier general, and in and near whidv 

shrill rfsifk* the aforesaid officers and the President and a 

minority of the Directors.. 

Mjembers VIII. $2. Any member of said Insurance Society may 

nwy w'.th- withdraw his insurance at any time after the payment cf 

«lra* irom^jg premium, and such quota or quotas as *jnay of rigfct 

the society ^ e d t » m j\ n dablc of him at the time of -delivering his dedt- 

r ration to withdraw : Provided such declaration be in wri* 

tiug and signed by the party so declaring and acknovbdg' 



INSURANCE. ' 3M 

iH bv him before some justice of the peace of this §tate, • 
frith the certificate of said justice that the same was duly 
icknowledged before him by the pe.rson whose signature 
ippcars thereto ; which declaration shall be delivered to 
the board Af Directors, and by them received as evidence . 
rf such withdrawing, and shall discharge such member 
and his insured property as mentioned in said declaration 
from all N further pledge and liability : Provided however 
such insured property shall be considered and remain lia- 
ble as a pledge and security for the payment of any quota 
which may at any time be imposed for the retribution of a 
loss or losses sustained previous to such discharge; - 

1804.' C.22. 

. IX. § 1. All such persons as now are, or hereafter Marine 
shall be stockholders of the Newbern Marine Insurance J™ 1 ™""* " 

* 11 ••iiiiii Company 

company, are hereby constituted and declared to be, a incorpo-. 
tody politic and corporate, by the name of ** The Nexvbcm rated. 
Marine Insurance Company " and that by thai name, they 
and their successors shall have perpetual succession, and 
shall be capable of suing and being sued, pleading and 
Jbeing impleaded, answer and being answered unto, de- 
fending and being defended, in all courts and pleas what- 
soever ; and that they and their successors may have a 
Common seal, and change and alter the same at their plea- 
ore ; and be capable of purchasing, holding and convey- 
ing any estate, real and personal-, for the use of said com- * 
pany* 

X. § 2. A share in the stock of the said company Shares to 
shall be fifty pounds, payable in advance dr by such in-^ e 5Jl - 
stalments as the president and directors, hereafter directed ca ?* u 

to be appointed, shall direct: and the number of shares 
shall not exceed five hundred, and subscription books may 
be had from time to time to be opened, under the direc- 
tion of said president and directors. 

XI. § 3. The stock and property, affaire and concerns One?™* 
of said corporation, shall be managed and conducted by 10 *> e mu> - 
clcven directors (one of whom shall he president, and a- j 8 ".^^., 1 1 
Bother secretary ) who shall hold their offices for one year, * 

" and until others shall be chosen, and at the time of their 
election shall be stockholders and inhabitants of the town 
of Newbern, and shall be elected on the second Monday 
of January in every year, at sich time of the day, and at I'nwelect* 
•uch place, in said tojvn, as* the directors for the time be- 
ing shall appoint, and every stockholder shall, at such e- 
Action, have a vote, for every share he holds, reckoning __ 



318 v irtsu&Atfcfc.' 

fib share except such as were acquired ninety da£s befott 

the election; and the persons having the greatest number 

of votes (a majority of the votes of the stockholders being 

taken) shall be elected. 

Officers & The directors shall meet as soon as may be after every 

JJ| pv *"^ f election, and shall chuse the officers and servants oi the 

pahy, how company, the latter of -whom shall be removable at their 

chosen, pleasure, and shall during the year fill up any vacancy 

that may happen in their own body, or in said officers or 

servants ; but such appointments shall expire on the day 

of the next annual election. 

XII. § 4* If it should at any time happen, that an dec- 
Corpora* tion of directors should not be made On any day when, 
S° n Ted P ur8Uant to thi* act it ought to have been made, the sayl 
JbjMi fail- corporation shall not therefore be dissolved, but it shall 
ore of an and may be lawful to hold and make an election of di- 
rection of rectors in such a manner, and at such a time, as the hwi 
tec ore. an j ordinances of the corporation may direct* 
Quorum 1 ^ e president and six directors shall constitute a board 
low com- competent for the transaction of business, and have power 
9**<d' to make laws aqd ordinances for the management and 
disposition of the stock, property, estate and effects of the 
corporation, the transfer of shares, and the duties and 
compensations of the Secretary and servants employed. 
They shall also appoint a committee of four directors, any 
Jl commit. two f whom, with the president, shall have power, oo 
toukefrsti* Dena U °f tnc corporation, to make insurances, fix pre* 
twice, te. miums, lend money on bottomry or respondentia boncbt 
mortgages or the personal security of two responsible free- 
holders, direct the issuing of policies, - notes, and all and 
every instrument of* writing that may be necessary and 
proper in the transaction of the affairs of the company 2 
and all such instruments, subscribed by the president and 
con tcr signed by the secretary, shall bind the property, real 
or personal, of the corporation* 

1810. C 7. 

•Mutual'*. XI IL $ 1. In order to accomplish the object of tt the 

*u«nce* act for establishing a Mutual Insurance Society against 

gainst fire, fire 011 buildings, goods and furniture in this state," books 

shall be opened in the several counties of this state, on the 

first day of March next, as follows to wit : ( Here follows 

a list of the places at xvhich books are to be opened) and 

on the event of the sum so subscribed exceeding the sum 

When the of two hundred thousand .dollars, it shall be the duty of 

Shan po the 8aid J ose l> h Gaiefc, William Boylan and William Glen- 

iniotil'ect* dinning, to give Public notice ihu'cot in each ot iheoetfw 



i 



papers published in the city of Raleigh, and to Appoint a 
meeting of the subscribers, in person or by proxy, consti- * 
tuted by delivery of " the certificate of subscription, th* 
production of which shall be deemed sufficient (until pro- 
vision be made by the society) in the city of Raleigh, oh 
the first day of* September next; and if the subscription 
at or before the said meeting, or so soon thereafter as they 
shall amount to the said sum of two hundred thousand 
dollars at least, the said subscribers shall be considered as 
a body politic and corporate* 

XIV* $ 2. The aforesaid recited act, except such parts ftnnst 
thereof as aire herein provided for or altered, be, and the JJ^J ^ 
same are hereby continued in full force, in the same man- 
ner as if the same had b*en carried into operation At the 

time therein specified* i ~ 

IM1. C 7. . 

XV. § 7 f William Boylan, Joseph Gales and WilKam 
Glendtnning, commissioners appointed by the act afore* ■% . . 
said for the county of Wake, for receiving subscriptions ti^SwJJSl 
to the said Mutual Insurance Society, be, and they are tborijedto 
kereby authorised to call a meeting by public advertise-* 5 * 11 * • 
ment in the Raleigh newspapers of the' present subscrib- ™*^r£ 
era to the said Mutual Insurance Society, and of such o*bew ifi<n» 
thers as may hereafter hecome subscribers thereto* for the dcrtoforia 
purpose of forming a constitution and of organizing the ^? n, ** iu ' 
said society, agreeably to the provisions of the act afore* 
said, passed in the year one thousand eight hundred and 
three, and to an act passed in the, year One thousand eight 
hundred and four, amendatory to tljp said act, on such 
day or days, and at guch place m the city of Raleigh, as 
they may deem jnost convenient; and that such constitu- 
tion and organization shall he in all respects as valid as 
if the same had been made at the time and in the manner 
prescribed by the above-mentioned acts; any thing to the 
contrary notwithstanding. • 

INTEREST. 

1785. C. 2. 

I. $ 7. In all trials for the recovery of debts contracted writf 
previous to the 4th 'ay of July, 1776, no interest shall be forest not 
allowed from that period until the 4th day of July, 1782, *&>**)• 
Vf here the dehtor shall prove the creditor had refused to ' 
receive the current money of the state, or had removed * 

bim or herself, or remained out of the state, within the 
aforesaid time, or continued within the British lines* 



&t% * 1HTERBST. 

irse. C. 4. 
Wh«t in- II.. § $ AU bondsj. bills, notes, bills of exchange, & 
•trumenti quidated and settled accounts, shall bear interest from the* 
T &£ nU '~ time they become due, provided such, liquidated and set- 
. fled accounts shall be signed by the debtor, unless it shaH 
be specially expressed that interest is not to accrue until 
a time specially mentioned in said writing* or securities ; 
provided also; that this act shall not extendi to or have any 
operation with respect to any bonds, bills, notes, bills «f 
exchange, liquidated and settled accounts, Heretofore gives 
or made. ^ 

* fntereal '*** $ *• AH bills, bonds and n£te£ made payable on 
due upon demand, shall be held and deemed to be due on demstod 
demand, made by the* creditor, his agent gr attorney, by suit or re- 
quest^ and shall bear interest accordingly* 

IV* $ £• AU securities for the payment or delivery of 

dh specific *°hacco, and all other specific articles, shall bear interest 

articV*. as monied contracts, that is to say, the articles shall be 

rated by a jury at the time they hecome due, and interest 

be paid by the debtors accordingly. 

Mncioal ^ # $ i# * n a ^ act * OBS w hrch snail hereafter be brought 
to bear in- to recover money due by contract hereafter to be made* 
terest after except on penal bonds, it shall be the duty of the jury t» 
Judgment, digtingiiish by their verdict, the sum due as principal, from ! 
the sum allowed tot interest ; and the principal sum due 
on all such contracts, shall ' carry interest, from the time 
of rendering judgment thereon until the same shall be pail 
and satisfied ; and the judgments in fcuch actions shall be i 
rendered according^) the provisions of this act* J 

1808. c. it. j 

In certain , VI. $ 1. Whenever a suit shall be instituted on a single I 

cases inte. bomi t a covenant for the payment of money, a bill of e* I 

alfowed * change, a promissory note, or a signed account, and the 

without defendant shall not plead to issue thereon, it shall and may 

writ of en- be lawful upon judgment, without a writ of enquiry, for 

4uiry» t ^ e c j €r fc Q f tne court to ascertain the amount of interest 

due bv law ; and the said amount shall be included in die 

final judgment of the court, as damages, which judgment 

is to be rendered therein in the manner prescribed by the 

aforesaid act. 

fee Attachment, Bills of Exchange, Certificates, Confiscation, Entrty 

Hiiaidian, Justices an* Prisoners* 



INTEtfVtE** ESPATK. 



315 



INTESTATES ESTATE. 

17§& C.3. 

f , § f. The administrator shall distribute the surplus of 
such estates in manner following, to wit; If there are not .D' 8t *H*$r, 

Sore than two children one-third part to the wife of the n - 
testate, and all the rest, by equal proportions, to and 
amongst the children of such person dying intestate, an4 
such persons as legally represent such children, in case any 
<|f the said children, be tjien dead* other thap such child ; 

qr children who shall have any estate by the settlement of » 
the intestate, or shall be gdyajiced by the intestate in his, 
life-time, by portion or portions equal to. the share which 
shall by such distribution be allotted to the other children 
tp whom such distribution is to be mpde ; and in case any 
child who shall have any estate by settlement from th$ 
intestate, or shall be advanced by the intestate- in his life- 
time, by pqrtiop or poisons not equal tq the share whiph 
ahfcll be due to the other children by such distribution a* 
aforesaid, then sq niuch of the surplus of the estate of such % 
iptestate, to be distributed Jo such child or children as 
shall have any land by settlement from (he intestate, or 
were advanced \ti the life-time of the iqtegtate, as shall 
iptake the esj^te of aty the said children to be equal as 
nearly as can be estimated* ^nd jn case there should be 
no children, nor any legal representatives of them, then 
one-third of the said estates to be allotted fo the wife of 
the intestate, and the residue of the said estate to be 
distributed equally to every of the . next of kin of • 
the intestate who are in equal degree, and to those 
if ho legally represent them, provided that there be no re- 
presentatives admitted amongst collaterals after brothers' 
and sisters' children* If there are more than two children % 
then such widow shall share equally with all the children 3 
*he being- entitled to a child's part / and in case there be 
no wife, then all the said estate to be distributed equally * 
to and amongst the children ; and in case thefe be no 
child, then to the next of kindred in equal degree of o* 
unto the intestate, anc^ their legal representatives as afore? 
$aid, and in no other manner whatsoever. And if a£ 
ter the death, of the father any of his children shall die 
intestate without wife or children, in the life-time of the 
taother, every brother and sister, and the representatives 
pf them, shall have an equal share with the mother of 
\he estate of the child or children so dying intestate? 



1792. C. 7. ' 

# II. ^ 2. Where any person shall die Intestate, who had 

Children * n ^^ or ^ er life-time given to 'or put in possession of any 

advanced, of his of her children, any personal property of what na- 

^account ture or kind sriever, such child or children, possessed as 

' aforesaid, shall cause to be givert to the administrator or 

manager of such estate an inventory, on oath, setting 

forth therein the particulars by him of her received of the 

intestate in his or her life time. 

Their re. III. § 3. In case any of the child or children who had 

fusd to»c- ; ft t he life -time of the intestate received a part of said es- 

them! ***** an( * a kall refuse to 'give an inventory as aforesaid, 

such child or children shall be considered to have had and 

, _ received rqs or her full share of the deceased's estate, and 

shall not be entitled "to receive any further part or share 

thereof. 

1799. 

Elegit''- * ^* ^ ierc m 7 ^ortiati shall &1$ intestate, leaving chit 
mate chll- dren commonly called illegitimate or Natural, born out of 
tlren enti- Wedlock, and no children born \n lawful wedlock, all such 
tr^ufon S " e ? tate whereof she shall -die seized or possessed of, whe- 
nce. ' therreal or personal, shall descend to and be equally divided 
rfmeng such illegitimate or natural born children, arid their 
representatives, in the same manner as if thfcy had been 
born in wedlock, and if any such illegitimate or natural 
born child shall die intestate, without leaving any child 
o¥ children, his or her estate, as welrreal as personal, shall 
descend to and be equally divided among his or her bro- 
thers and sisters born of the body of the same mother, a: id 
their representatives, in the same manner and under the 
sarnie regulations and restriction* as if they had been born 
in' lawful Wedlock. 
* • ' partition, Suicide, Widows. 

INVENTORIES. 

- Administrators and Executors, Guardian, Intestate? Estates* Widen 
• l < and Wills. 

^OINTENANCY. 

1784. C. 22» 

I* $ 6. In all estates, real or personal, held iajoiote- 

SurtWor- nancy, the part or share of any tenant dying shall not for 

•fcip abo- the future descend or go to the surviving tenant or «• 

tiohed. nants. but shall descend to be- vested m the heirs, execu* 

if'* a 

tors administrators or assigns respectively of the tenant 

* k<  t • < * ' ' '• i • ••*! I 



• I 



• t 



jBltfT AND SEVERAL CONTRACTS* $ £$ 

so dying, in the seme manner as estates 1 held by tenancy 
in common : Provided always, that estates held in join- 
tenancy for the purposes of carrying on ami promoting 
trade and commerce, or any other useful work or manu* 
facture, established and pursued with * view of profit to ' 
the parties therein concerned, shall be vested in the sur- 
viving partner or partners, in order to enable him or them 
to settle and adjust the partnership business, and pay off 
the debts which may have been contracted in pursuit of 
the sakl jijpt business; but as soon as the same shall be Except 
effected, the survivor or survivors shall account, with and as to joint 
pay and deliver to* the heirs, executors, administrators O'UJo^w 
assigns respectively of the deceased partner or partners, the whole- 
all such part, share and sums of money, as he or they may in the fir >t 
be entitled to by virtue of the Original agreement, if any', jn^ajce, 
or according to his or their share or part in the joint con- the part- 
tern, u\ the same manner as partnership stock is usually ntrship 
settled between said merchants and the representatives of dealing 
their deceased partners** 

JOINT AND SEVERAL CONTRACTS. * 

1789. c.sr, 

I* $ 5. In case of the death of one or more joint obti- . . t . r 
gor or obligors, the joint debt or contract shall and taay'gmton* 
survive against the heirs, executors and administrators of made joint 
the deceased obligor or obligors, as well as against the An {* §evc ' 
survivor or survivors; and wjien all the obligors shall * 
die, the debt or contract shall survive against the heirs, * 
executors and administrators of all the said joint obligors, 
and in all cases of joint obligations or assumptions of co- 
partners or others, entered into after the passing of this 
act, suits may be brought and prosecuted in the^ame 
manner as if sueh obligations or assumptions' were joint 
and several* 

1797. G..3. ;, 

II. § 1. In all cases where an executor or adroinistra- 8u * x * ***** 
tot shall be sued with a surviving obligor or obligors, in oblT^rsT • 
pursuance of 1789, c. 57, and it may be necessary the the repre- 
judgment should be rendered against such executor or ad- *^^il2 
ministrator, such process and judgment may be awarded obligor. 
against the same, as if such executor or administrator had 
been sued severally, and judgment may be awarded and 
entered up against the surviving obligor or obligors, as is 
Usual in other cases, such special judgment against the 
executor or administrator notwithstanding* 



I 



f 1$ (RON WORKS, 

 

On jt>int HI* $2. tn all cases of joint obligations ir ?sst|Qrip- 

CWit1pacl * tions of co-partners in trade, or others, such suits may be 

Brought a- brought and prosecuted on the same against the whole or 

faififtt all any one or more of such persons making such obligations.. 

«r any one assumptions or agreements* I 

eruore. r : 

JOURNALS. 
8«e7»egislature, Printer, 

IRON WORKS, • 

1788. C34. 
JOba es *• $ *♦ Three thousand acres of vacant land, not fit for 
^fiand • cultivation most convenient t<9 the different seats, is bere- 
rrant«lby by granted fo|i every s«*t of iron works, as a bounty from 
Uttataieaathig state to any person or persons who will build and car- 
ry on the same, to be under the following rules and regu- 
lations, via. where dny person or persons intend to build 
iron works, such person or persons may proceed to the en- 
try taker of the county, where he' intends to efect such 
works, and enter in one or more tracts the Quantity of 
jjrtrf bounty land allowed by this act for one set of works, and 
thereof, the entry taker or* entry takers is and are hereby required 
. to make out a copy of the land' entered as aforesaid, and 
transmit the same to the next court that shall be held in 
the county in which he or they are entry takers. 

II. $ 2. The court of any county in this state, upon re* 
Ihttyof eeiving the return of the entry taker for the land as afore- 

«*tymMrt said, such court shall proceed to appoint a jury, consist* 

fan such en. - n g o f twelve persons who areof good character; and the 

* ' jury so appointed shall proceed to view the land in their 

county entered as aforesaid, aud if they shall adjudge the 

land so entered, not fit for cultivation, they shall certify 

the sartte in writing, and return the certificate to the next 

. court held in their county, and the court upon receiving 

such retufrn shall cause the certificate to be recorded by 

the clerk. 

III. § 3* If an* person or persons who may enter lands 
agreeably to this act, shall erect iron works within three 

aJcmTin 8 Vefir8 ^ Tom tne ** me °^ tnc j ar y ,a ^turn, such person or 
3 years, persons on making it appear to the court of the county 
warramsto that he orthty nave made at said works 5000lbs. of iron, 
Reordered ^^ rect .j ve an order to the entry taker, requiring him to v 
ifesue the warrants for the bounty land* 

IV. $ 4. Such entry taker upon receiving such order, 
shall proceed to, issue warrants for the lands granted by 



.j 



■^^^m^mlr" 



. JUDGES. 3 f $ 

this a£t, without receiving any money fcr the state ; and Entry t*- 
the surveyor, upon receiving such warrants, shall proceed t«* ami ?> 
to survey the same as soon as convenient, and make return 2^ e>or * 
to the sectetary's office, that grants may issue for the samr t 
L dad such grant or grants shall be as good and valid to the * 

proprietors of such works, their heirs or assigns, as if the 
purchase money had been paid ; Provided nevertheless, 
tha,t if any person or- persons shall enter lands in pursu- 
ance of this act, and fail to erect iron works according to 
the true intent and meaning thereof, the lands so entered. . 
shall revert to the state, unless the person who has enter* 
td the same pays the purchase money for the use of the 
state. 

V. $ 5. The bounty lands granted by this act shall be Suc,) **■* 
Hemp* from taxation for the term of ten years. aSSTuxa* 

» 
ISSUES IS EQUITY. # 

See Practice. 

JUDGES. 

— . . , cojMTrruTiojc, abt. 13. 

^ I. $ 13. The General Assembly shall, by joint ballot of Ho* ^ 
loth houses, appoint judges of the supreme courts of law**** 1 *** 
.and equity, and an attorney general, who shall b^com mis- 
sioned by the governor, and hold their offices duriag good 
kchaviour- 

II. $21, The governor, judges of the* supreme courts 
of law and equity, and attorney general, shall have adc- 
qiftte salaries during their continuance in office. v 

' . ^ 1777. C. 2 

III. §5. The judges,* before they act as such, shall in .Forth** 
open court, or before the governor for the time being, l*°* cr » ^ 
take the oath appointed for the qualification of public otli- JJjJJJji' *" 
lers, and also the following oath (which see under OatltS ^^ 

5 J and if any of the said judges shall presume to act in ' 

his office before be shall have taken -the oaths hereby direct* 
ed, Jje shall forfeit and pay 10O0f. b to he recovered fcy ac- b ^0t stv 
tiop of debt in any of the superior courts, one half to the *- d ' 
use of the state, towards defraying the charges of govern- 
ment, and the other half to the person or persons who shall 
sue for the same. 

1796. C 4. 

IV. § 1. It shall not be lawful for any judge, in delivety Riwtl«* 
ing a charge tb a pntv iurv, to give an opinion whether a 'i ,v/ * :,n °' 
»cj is Jully or sufficiently proved, such matter being ihj , t^^^ 



I 



320 JUDGES. 

charging true office and province of the jury ; but it is hereby de- 
jury, dared to bt the duty of the judge, in such cases,-to &t*te, 
in a full and correct manner, the facts given in evidence, 
and to declare and explain tho law arising thereon* 

179%. 0.33. 

V. $2* When. if shall so happen that any of the judges 
Pav to be of the superior courts as aforesaid, be rendered incapable 

o '^lu'e to aUcm * m discharge of- the duties <*f their office for six 
of lUiv. inonths successively, it shall be the duty of the treasurer, 
and he is hereby directed to withhold such judgc*s pay, 
cepar, ~'and evcrry part thereof, that might be due after such disa- 
bility, until such judge reassume the duties of his, office, or 
until otherwise directed by the General Assembly* 

1799. CIO. 

VI. In future no sheriff of any county in this state 
to carry ri s ^ a ^ ^ c cli ^ tr compelled or suffered to precede, with or 
wand in without a wand, or other the {ike equipment, any of the 
iiuure, judges of the superior courts of law and courts of equity 

in this state, when going* to or returning from the court- 
houses, as; is at present the custom, 

V (I. § 2. For the year one thousand eight hundred and 
TobepaiJ nine, and thenceforward, the judges of the superior courts 

cate aTcUu °^ ' aw anc * courts °f equity * n l ^* s st * te t f° r the time be* ' 
4ol for ng, shail: he paid for .their services as judges, on certifi- 
each cert i-cates to be Granted or furtiished them bv the clerks of the 
ncaie. several superior courts, under their hands and the seals of 
their courts respectively ; which certificates shall be writ- 
ten on at least one half sheet of paper, and shall pass and 
be paid at the public treasury, at the rate uf 401. for each 

certificate. 

18C9. C. 5. 

ratification 

the several 

same ci i " 

th-lnonre state * to srt regulate their ridings, that none of the said 
ineifjhteen judges shall ride the same circuit more than once, within 
month*. t{ ie tcrm of eighteen months ; any thing to the contrary 
notwithstanding : Provided, that nothing in this act con- 
tained shall be so construed, as to affect the next riding 
of the judges. 

Affidavit, Attachment, Attorn-es, Claims. Clerks, Clerk ami Materia 
i*qtiiiv, Confiscation, Depos'.liona, Kqui'.y. Kerne Cotert, GajiLnjr, 
ifciarciian and Wnnl, Hide*, Ie<»fhils t b lnipeachmem. Injunctions, Iac«4- 
vent DeSu>rs, .Inry, Members of Assembly, Oaths, Oyer awl Ter«*» 
^nev, Partition, Perjnrv, Powers uf At orney, Practice, Prisoners, Pro* 
ma. Uifl.rt-*, SaJariea, SUcrili; Superior Courts; lazes, Treason, V. 
Stales, Wl'J«>'.viJ."' 






> r o.T<i(tee VIII. $!• From and after the pq$sage and 
to ride the of this act, it shall he the indispensible duty of 
same cir- Judoes of the superior courts of law and equitv within this 



I 



i 



V 



*»» 



.*l fa *^ - < ^;r,r 



^™ 7~— — - — — — . — — » i . » w " W » 



WW. 

JUDGMENT BOND* . 

1783. C. 9. 
*t.$ 2. All judgment bonds, note*, and other writings 
with power to any person whatever to confess judgment 
jhcreon, shall be and are hereby declared to be utterly 
toid as to such power, but the same proceedings shall 4f 
fed thereon* as on comnaon bonds and penal 

JUDICIAL ATTACHMENT, 
%ec Attachment, Proem. 

JUDGMENT BY DEFAUftt* 
fee 



Hi 



JURY. 

"* auL or Bisna. 

L § 14- In ail controversies at law respecting property, rrisf% 
the ancteirt mode of trial by jury is one of the best secu-j U r>ascre| 
jritics of the rights of the people, and onght to remain sa- 
lted and inviolably 

#T9. C. 5. . 

: r II. § % The justices of the; county courts within jfe* jorjesfaci* 
J4istrict of each superior court, shall, before the sittinjpbf chose^u^ 
Cany superior court, nominate freeholders to serve as jo;* 
tors at such superior courts* * .« > 

• III. $ 3* .The number of freeholders.to be nominated 
lot each county to £*ve as jurors^ *|hall be proportioned, 
$tc. [here follows tnVnumbef ftoih each county— but the 
'jet of 1806, chap. 2, alters the number and provides a new 
inode of appointing jurors to the superior courts, which see 
post* ; and under Superior Courts,] a list of which jurors 
so nominated shall be delivered by the clerk of each county 
court to the sheriff, who siiall and he is hereby required To ^ff^ r ' 
to summon the persons so nominated to serve as jurors the sher^P 
&tthe superiour court; /and if any juror so summoned 
Jhtftt fail to appear, he shall be fined, unless he can shew ff ffl 
sufficient .cause to the next £ourt to excuse his non-ap- 
pearance, which fine shall be applied to the payment of AppUcfr ~* 
such jurosn as shall attend from the said cqunty, andtion. 
jhereby lessen the county tax. 

IV. § 4. If any of the said county courts shall fail or 
neglect to nominate freeholders to serve a* jurors as afore* 
said, or the persons so nominated shall fail to attend, it 
alkali and may be lawful for such superiour courtto order TsJasfsjfL 



0B* . '- • «**• 

and direct the sheriff to summon other freeholders jq>T tfat 
bystanders tu serve as jurors, and the persons so sum* 
AUuied shall be -held and deemeti lawful jurors, provid- 
ed ihut such bystanders who shall be so summoned shaB 
tx\d may -fee every dav discharged, and the succeeding day, 
> V*i so from day to day during the continuance of the 
court, the >sheri4 shall summon <Jf the bystander* *© many 
as shall be necessary. 

Vines to be ^* $ 5 * ^ hc 6w*«^^i n injpo9cd ahajl be levied by tlie 

levied by sheriff pf each respective county wherein each person 

tfeeautrifT. shaU J'e&ide, who shall be summoned as jurors as herein 

directed, and sru*U fail to appear and serve as such, and 

such sheriff shall be accountable for the same to tb$ 

county court of his county. 

VI. § 6* The sheriif of each respective county shal 

Summons summon the freeholders in the list to be delivered him by 

retail? t^ c clerk of the county court of his county, at least Jem 

jjuute^ (Jays before the sitting of the superior court of whictr 

jsjuch freeholders are to attend as jurors which he may dd 

personally, or by leaving a note or summons in writing a) 

tiie dwelling-house of such freeholder so to be nominated 

.as a foresaid. 

* County *VII, § 7- The justices of the .county courts shall, at 

court ju- (he session of their respective courjts, nominate SO free* 

f 9 * 9 * holders to serve as grand and petit jurors at the next en- 

isuing .court of the county, and a lisp thereof shall by the 

clerk be delivered to the sheriff of such county, who is 

jiereby required tp Summons the psfcsons therein namd 

Xo attend as jurors aj such courts respectively, at least fiv*> < 

4 ays before the sitting ol such courts., which said jury shaft 

appear and £ive their attendance accordingly till discharged 

Talesmen, by the court; and that there may not be £ default of jo* 

rors, it shall and may be lawful, durirujjhe sitting of the 

.county court* /or the sheriff, by order of susji court to 

summon Of .the b> slanders other jurors, being freeholders, 

Xo serve op the petit jury from day to day, and on aoy 

day of the said court, the justices may discharge those 

~ «f ho have served the preceding day. 

** VIII. $ 10- £very person summoned Jo attend as a 

juror at any county court, and failing to appdbr or attend 

Jill .discharged by order of the court, shall Ue fined, to be 

.AppKca- applied towards defraying the charges of the county and 

l ^ ttr lessening the county tax, unless he shall sh«.w sufficient 

cause to the next succeeding court for such failure. 

IX, 5 *!• No sheriff or other officer shall serve orete* 
ryte.aoy writ or other process on the body of any juror, 



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dtfftrtg bis fttte&dftotfe on, going to and *etdrnitig frotaanjr «pccmpi 
of the said superior or county courts, any such service* ft" 01 * »«■*■ 
shall be void, and the defendant may ou motion be dis^ i ^ ipI ° - 
charged. 

X. $ 12. The judges of the superior court ahftU direct 

the names of all the jurors returned front* the counties of iluroit 
the district where such court shall be held, to be wroteia WD 

scrolls of paper, which shall be put into a box and drawn 
put by a child uuder ten years of age, and the first eugh* 
teen drawn shall be a grand jury for the said court, and 
the residue of names hi the box shall be the names of 
those who shall serve as petit jurors foe the said court. - 

XI. $ 13. When either of the parties shall require that Ballott'uig 
a jury should be balloued for, in that case the clerk shall for J UI > 
write the names of all jthe petit jurora appearing in scroll* 

or pieces of paper* and^on the issue iu such suit a child 
Under ten years of age, in. open court* shall draw out of 
the said box. twelve. of the said scrolls tor pieces of paper* 
and the persons whose names shall be in the' said scrolls 
Or pieces of pa pet 1 - drawn as aforesaid; shall be jurors to 
try such issue, provided that they all do appear, and ij» ' * » , 
case of defaulters,other. scrolls shall be drawn until a suf- * 

ficknt number shaU appear to make a complete jury. ! 

1733. C. 11. 

XII. § SL Every juror who shall be hereafter appointed . tfoe ft* 
ky any of the county. courts within this state to attend at non ■*»*> 
any of the superior courts, and shall fail to appear. accord** ""^ 
log to the summon* a*»d give his attendance., shall .forfeit 

and pay 101. specie; and every person appointed by aod 

duly summoned to attend any county court, who shall 

fail or neglect to. attend 4tfch court as a juror, shall fori 

feit and pay 5h which forfeitures shall be assessed by~th# 

court to which such person shall be rctarneg fe juror, and 

recovered and applied as ifinea are directed hf 177&, c* * 

6, and appropriated to the same purpoars as in the .said 

Act is directed, provided that each deUnquent juryman v * ; 

shall have till the next succeeding trrm to make his ex? 

cuse to the judges or justices oi -the said court, as the case 

may be, for hi*'non~attendance« .'»•'.;*. 

XIII. $3. Every juryman whO[ shall attend agreeable* Payorcet 
to such summon* the superior courts Sot the district of tain juror 
Morgan and Salisbury, and from the counties of Chowan, 
Person and Robeson, shall be allowed tor everv dav's at* 
tendance eight shillings specie, and the like sum for eve* * ' 
ry thirty miles he shall travel in going to and returning 

from the said court ; eujl ail. juror* to superior .courts 



#14 sttn* 

fttficget' Aatl tit allowed etch such sums as shall be necessarily 

* expended by him in crossing ferries, and every juror sh*9 

receive at the end of the term from the clerk of the court 

a certificate for the sum he may be entitled to receive, in 

Which ticket the number of days such person has attend- 

♦icket ed shall be etyre&sed, aftd also the number of miles, he 

fhay have travelled* together with the charges of ferriage, 

irhere any majr have been expended by him* which ticket 

shall be paid out of the county las of the county where 

^ such juror resides* - • 

f ataman XI V< $ 6. When &hy person shall he summoned hf 

w^ff* the lawful officer to attend any of the aforesaid courts at 

a talesman, and who shall fail to appear and give his at* 

tendanet daring the day for which he is summoned, shiff 

be amerced at the discretion of the court, not exceeding 

twenty shillings specie, and the court shall order the do* 

forthwith to issue ah exeeuttoif against the body or goods 

of the delinquent for such amercement and cost* 

1790 C 9. 

&V« $ 1* The clerks of the respective courts of la* 

thfiginai shall, at the beginning of their courts, swear or cause is 

fiatinei affirm such of the petit jury .as ate of the original panody 

thatera^ weU * nd tru ^y' to f ry **1 C * V >1 causes *h*t shall come bc» 

Salesmen fore therii, according to the evidence given thereon ; aod 

Mf tlp<ty if there should not be enotigh of the original pannel, tales' 

tnea shall take a similar oath or affirmation to try sack 

causes as. shall eottie before them during the day* Anf 

thing hereto shall not be so construed as to prevent tie 

tisual challenges in law to the whole of the jury so a wars, 

fcr any of the said jurors ; and if by reason of such chat 

lengQS any juror or jurors shall be withdrawn, ha or theft 

' place on such jury shall and may be supplied by any of 

the ortgipal venire, or of the bystanders by law qualifies! 

gteept&M to Serve on any jury Within this State, Nothing herein 

as to atate shall nite* the present mode of swearing petit jurors •* 

****** state trials, but the same shall continue in the usual for* 

as heretofore practised* 

1W*. C.4. A 

XVI. § *. It shall be the doty of the clerk bf the cow* 

before a jury shall be impannelled-, to try the issue or i»* 

sues in any civil cause depending therein, to read tbt 

names of the jurors upon the pannel in the presence an* 

hearing of the parties ofr 'their counsel ; and it shall bS 

competent for either plaintiff or defendant, or th«* &*** 

i*er*a»to ael for them, to challenge peremptorily two jurors upd* 

&g#of3. the •**<*i«««wl> without shewing any *peci*I«nuic<b*** 



< - t 



m* its 

ft>r i which challenges *h*ll be allowed by th^ c*un, and- 
the paimel shall then be /nade up aa ia other cases* 

»796. C.12. 

. XVII. * 4- The justices qf eaith and every court of flow tip* 
fleas and quarter sessions* when about to appoint juroraP** m ** r 
to the superior ci-*:t at the district* shall cause to be writ* 
ten on enrolls of paper the name* of a number of freehold 
ders of their county, double the number required to be 
appointed, nod thc<*#i»e shall be .put into, a box and be 

v drawn oat by a child under tea > ears ol age or son^e o* 
ther person, and the Bamts first drawn out^ amounting to. 
the one half the whole jmosber in the bos* shall be the 
pa«ie« 01 the persons to serve as juror* at the superior 
courta'.rcspecuvcly : Provided nevertheless, it shall not Those not 
be lawiul to appoint as a juror to any superior court any c< J! npetc "l 
person who mjiy.toave served as such at the preceding thepr* 
term of the court, or is a party in any -suit pending there- ceding o't 
in 5 and ti, notwithstanding the provision hereby made tt>orhar t fwr 

. the contrary ^ any person disqualified as aforesaid shall or '^^ 
may be appointed, it is hereby -declared to be the duty of 
th>~ judge* oi the said auperior courts to discharge him or 
them inm attending **ch court as a juror or jurom* 

1797, C.Sd. 
XVIU #** Baoh juror to -the auperior coUrU shall 
teecbrc the sum ut^tOs-ior every thjr*y miles in S9in£f™"J|£, 
tad tetavning from tfce s aipe, and for each day's attend- court* 
aaac the aum of 10s« for the amount of which the clerks 
ml the several superior courts aforesaid shall grant to the 

 juror a certificate, which shall be paid ia the same man* 
ner *a heretofore pointed put by law. This act shall not ' 
extend to the districts of Salisbury and Morgan, and the 
comitate of Chawaa« Person and Robeson. 

XIX. $S. When any juror Appointed and summoned j,,,^ ^ 
to attend at the several superior courts, and failings* to G u«e for 
do* it shall be lawful for such delinqivem juror to send? ot * tte ndf 
forward his excuse toauch court ,on oath, setting forfb the il>5% 
reason why he cannot attend, which if adjudged auffki* 

ant, shall exonerate said jurar from the fine that may 
he imposed* aod all costs* 

X797. car. 

XX. $ 1. Every JAJror who shall be appointed and sum% Kew Ran ^ 
ft>oned,aad *ball regularly attend the county court of New- overju™* 
Hanover, shall be allowed eight shillings for each and tors' pkj>, 
every day's attendance, and eight shillings for every thirty 
*ulca*ravciling to aad from said court. 



3s# • •*&** 

*w«f XXtt £2i Every juror who shall be appointed *tj4 
ttfum o- tummoned to attend the county courts of Surry, Stokes* 
ferjwors Orange, Cumberland, Montgomery, Wilkes, Sampson, 
^2** Ctrterct, Burke, Richmond and Randolph, and of Rack- 
bigham y Currituck^ Halifax and DnpHn % shall be allowed 
Che sum of five shillings', for each and % very day's atten- 
dance, and the sum of five shillings for every thirty mikn 
travelling to and from sard courts* 
ffNT atid*. XXII/ f 3v Each and every juror shall obtain? from the 
^ * clerk of his sa'id court a certificate, in the same snanner and 
Smder the same rales as certificates are obtained from the? 
clerks off the superior courts for the Tike services, which 
shall be paid as to the counties first mentioned m par* gf 9 
by the trustees of the several counties aforesaid respec- 
tively, and as to the counties hot mentioned therein^ shall 
be collected atyd paid by the sheriffs of the respective coon" 
ties before mentioned, under the aarive rate* and regular 
tfbflft as* afe prescribed for the payment of certificates for 
the attendance of krrofs at the superior courts* 
•Cfttmty XX I II* §4. The county courts aforesaid respectively* 
jfcwts to shall and they are hereby authorised and required to lay 
a ^saicT a taX " m ***** respective counties on eaehf and every poll* 
JUovfe not exceeding is. and ifpon every hundred acres of land 
. Aor exceeding 4d. atid upon every hmdfed ^tuuda rafue 
of toftrn property with their improvements not exceeding 
Is, so as to raise'* sufficient 4um in each and every eoamty 
as aforesaid for the payment of said jurors 9 which tan 
the county courts aforesaid shall continue to lay from year 
to yeaf. The jurors froWt the county of Rockingham rnhaO 
not be allowed pay for travelling to and from said courts > 

1798. C:61 

ttsfhe* XXIV $ i* The jtrrors attending the county comrt of 

ford jurors Rutherford shall be allowed 4s* for each and every day 

iheirpayv they shall attend on public business, and 4s* for every 30 

miles travelling in going to or returning from said court* 

XXV; $ 2* The said county court may lay and levy a 

The eottfi- tax oti the citizens of their county equal to pay off and 

iy ecmn to tffcch*rg € said aHoWaace, not exceeding Is. on each poll, 

tM»*bem.° ^^ 4 ^ on eac ^ hundred acres of land* and Is* on each 

hundred tionnds value Of toWn property, per annum *— 

which saia tti* shall be under the dkectiod of the court, 

collected by the sheriff in the same manner as other county 

t^ftes, and accounted for by him to the trustee of said 

eourity f under the same rules and regulations, jtndby him 

paid to the different claimants on the production of thek 



s 

cefc*i£cafte4, and atiaH be allowed therefor in Ate settle- 
toent of his accounts. 

XXVI. $ 3* The clerk of said court shall, at the end Certifi- 
of each session, make out a certificate to such juror, and ?» t ***°titf' 
for which he shaH be paid 8d. This law shall not ^^ J uTtobe< 
effect until a .majority x>f the acting justices in said coun- appoo»ed 
ty do approve of the same and order * lax jo be laid as* b y^«ju*r 
foresaid* Uc ** 

17?& C.5. 

XXVII* $1. The several county courts within ifcis County*** 
atate tffcall have full power and authority (except it bel o1 *?"** 
those already provided for by la w) to Jay a tax for the J^L^^ 
Purpose of paying tteir jurors a price adequate to their Jurors. 
services, not exceeding 5s. per day, and 5s. for every 30 
miles riding to and from said courts, if they deem it no* 
cessary: Provided nevertheless, . that two. thirds of the 
acting justices of said counties concur, in laying of the 
taxes for the purpose abovementioned : which taxes shall 
fee collected and accounted for as pther county taxes ai£ 
now or may hereafter be accounted for* 

18Q1. C. 28. 
XXVUL § 1. It shall blthe duty of the clerks of die ^ ^ 
several superior and county courts within this state, be-rors«ba4- 
fore a jury shall be impannelled to try the issue or issues leaf** P** 
in ati^ suit -or prosecution wherein the state is a party [^"iBtste^ 
{(except in cases ofcapkal offences) to read over the name* trisjs, 
of the jury upon the pannel in the presence and hearing 
of the defendant or defendants, his, her or their counsel; 
and it shaU be competent for the .defendant or defendants* 
or their counsel, for them to challenge peremptorily xwp 
jurors upon the said pannel, without shewing any cause 
therefor, which challenge shall be allowed by the courj, 
And the pannel shaH then be made up as in other case*, 

2802. C.14. 

XXfX. ^fi. The jurors attending the several superior ^^ 
courts of fcw within this state (where a greater allow- in s*per** 
ance-ia^not already made) shall be allowed each the sum courts. 
' of 10s. for every day he shall attend such court, and 1Q&* 
| for every 30 auks travelling to and from such courts* 

1804 C.24. 

XXX. $ 1. Even' person summoned to attend as a j«- Forfeiture 
tor to any of the county courts of this state, who shall fail "•■**!<**• 
or neglect to attend said court as a juror, shall forfeit and l^ufass 
pay a sum not exceeding 51. nor under 40s. which forfei- juror m 
tare shall be assessed by the court to which such psrr&qnf '</ ctmrv 



*M8 ww. 

and thee*. *taU be returned at juror, recovered aad applied at bjr 
cute. an lace of 4733 directs : Provided, chat each delinquent 

/ juryman fchah hate till die next succeeding term to nuke 

his excuse to said court for hit nori*actendance ; and if 
he shall at the said term render, to the satisfaction of the 
Court, sufficient excuse, aaxh delinquent juror shall be dis- 
charged without costs* 

lf04- C. 30. 
7hy*iciaiw XXXI. $ 1. All regular bred physicians or praatuion- 
SmiTjury CM °* P n y $ ** ana *ttrgery shall, and tlicy are hereby de* 
4ci?ice. clared to be exempt from serving as jurors* eidtor iu the 
county or superior courts of this state. 

1806. G. 2. 

XXXII. $ 1. At the first terns at which the several 
county cpurts ot pleas and quarter sessions shall be held 
within' this state after the first day of January next, and 
once at least in every three years thereafter, it shall mni 
may be lawful for each and every] of the said county 
courts, and they are hereby directed and required, t# 
Manntrof caU9e the jury lists to be made up from the tax returns of 
jrppointmgt&uch county for the preceding year< which tax returns 
J*n«». shall bs furnished by the cK ** of said county* whenever 
thereto required by said court ; and the justices, attest 
r ing at such court, shall cause therefrom to be transcribed, 

the names of all such persons who are by law qualified t# 
aerve as jurors, (except those who from age, infirmity, or 
from any other cause, may be unfit to serve as jurors) 
' whose names shall be written on small sc*olis o! papttr of 
equal size and put into a box to be procured' for that pur- 
pose, which shaU have two divisions marked No. 1 and 
£, and two locks, the key of one to be safely kept by the 
eheriff of the county, the other by the chairman of the 
county court, and the box by the .clerk of said court; aad 
the said justices at each and every session of their said. 
court, which shall happen nest preceding the sitting of the 
auperior court of the said county, shall cause to he drawu 
from the said jury box, oul.of the partition marked No* 
I, by a child not more than tea years of age, thirty per* 
•sons, who shall serve its jurors at the next succeeding au* 
perior court to be held for said county : Provided always 
that whensoever the county court of such county shall be 
'jheld within -fifteen days of the sitting of the superior court 
«of the same, that then the court* preceding such county 
jcourt, shall draw the jury as aforesaid* And provided 
(further, that in cose any of tha jurors so drawn shall have 
* suit pending and at issue in the -superior court, (fee sv 



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